1 Agenda
City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 June 27, 2023
6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.
Participation
If you would like to provide comments to the City Council, please:
Fill out a blue speaker request form, located at the back table. Submit the form to the City Clerk before the item begins. When it’s your turn, the City Clerk will call your name and invite you to the podium. Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time.
Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
How to Watch
The City of Folsom provides three ways to watch a City Council meeting:
In Person Online On TV
City Council meetings take place at
City Hall, 50 Natoma Street
Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14
More information about City Council meetings is available at the end of this agenda
2 City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 www.folsom.ca.us
Tuesday, June 27, 2023 6:30 PM
Rosario Rodriguez, Mayor
YK Chalamcherla, Vice Mayor Sarah Aquino, Councilmember Mike Kozlowski, Councilmember Anna Rohrbough, Councilmember
AGENDA
CALL TO ORDER
ROLL CALL:
Councilmembers: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be conti nued to a future Council Meeting.
PLEDGE OF ALLEGIANCE
AGENDA UPDATE
BUSINESS FROM THE FLOOR:
Members of the public are entitled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.
SCHEDULED PRESENTATIONS:
1. Proclamation of the Mayor of the City of Folsom Proclaiming July as “Parks Make Life Better” Month
2. Presentation from Hope Cooperative Regarding Homeless Services in Folsom
3. Folsom Tourism and Economic Development Corporation (TEDCorp) Quarterly Report CONSENT CALENDAR:
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.
3 4. Approval of May 23, 2023 Special and Regular Meeting Minutes
5. Resolution No. 11054 – A Resolution Authorizing Public Fireworks Displays During the Annual Folsom Pro Rodeo Activities
6. Resolution No. 11055 – A Resolution Authorizing the City Manager to Execute a Loan Purchase Agreement Amendment with USA Properties Fund Inc.
7. Resolution No. 11057 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Blue Ravine Road Pavement Rehabilitation Fiscal Year 2022-23 Project PW8017 and Appropriation of Funds
8. Resolution No. 11058 - A Resolution Authorizing the City Manager to Execute an Agreement with Loggers Unlimited Inc. for Shaded Fuel Break Creation and Ladder Fuel Removal
9. Resolution No. 11059 - A Resolution Approving the Preliminary Engineer’s Report for the Following Landscaping and Lighting Districts for Fiscal Year 2023-2024 and Setting Public Hearing for American River Canyon North, American River Canyon North No. 2, American River Canyon North No. 3, Blue Ravine Oaks, Blue Ravine Oaks No. 2, Briggs Ranch, Broadstone, Broadstone No. 4, Broadstone Unit No. 3, Cobble Ridge, Cobble Hills Ridge II/Reflections II, Folsom Heights, Folsom Heights No. 2, Hannaford Cross, Lake Natoma Shores, Los Cerros, Natoma Station, Natoma Valley, Prairie Oaks Ranch, Prairie Oaks Ranch No. 2, Prospect Ridge, Sierra Estates, Silverbrook, Steeplechase, The Residences at American River Canyon, The Residences at American River Canyon II, Willow Creek Estates East, Willow Creek Estates East No. 2, Willow Creek Estates South, and Willow Springs
10. Resolution No. 11060 – A Resolution Authorizing the City Manager to Execute a Certification Form for the Folsom Fire Department to Participate in a Medi-Cal Intergovernmental Transfer (IGT) Program with the California Department of Health Services (DHCS) for Reimbursement of PP-GEMT IGT Services for the Service Period of January 1, 2023, Through December 31, 2023 and Make Transfers Not to Exceed $300,738
11. Resolution No. 11061 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Midstate Barrier, Inc. for the Folsom Lake Crossing and East Natoma Street Safety Improvements Project
12. Receive Annual Report Regarding Police Use of Military Type Equipment and Approve Resolution No. 11063 - A Resolution Renewing Ordinance No. 1326 and Determining that Specified “Military Equipment” Used by the Folsom Police Department has Complied with Standards for Approval Set Forth in State Law
NEW BUSINESS:
13. Consideration of Economic Development Consultant (Scope of Work and Goals) and Direction to Staff
COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS:
CITY MANAGER REPORTS:
COUNCIL COMMENTS:
ADJOURNMENT
NOTICE: Members of the p ublic are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the
4 item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.
NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisio ns (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.
PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.
The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control scheduling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 S tafford Street, Folsom, California during normal business hours.
PROCI-AVIATION
OF THE MAYOR OF THE CITY OF FOLSOM
PROCLAIMING JULY z.o23
AS*PARKS MAKE LIFE BETTER'' MONTH
WHEREAS, Parks and Recreation are vitally important in providing physicaland mental health and wellness through organized and self-directed activities, play, and fitness; and
WHEREAS, Parks and Recreation encourages physical activities by providing space for sports, walking trails, swimming pools and many other activities designed to promote active lifestyles; and
WHEREAS, Parks and Recreation increases a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, and the attraction and retention of businesses; and WHEREAS, Parks and Recreation fosters socialcohesiveness in communities by providing spaces for individuals to come together peacefully and ensuring all have access to park and recreational benefits; and
WHEREAS, Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical, and emotional grovrtth in people of all ages and abilities; and
WHEREAS, Parks and Recreation sustains and preserves our natural resources by protecting habitats and open space, connecting people to nature, and promoting ecological awareness:
NOW THEREFORE BE lT RESOLVED that, l, Rosario Rodriguez, Mayor of the City of Folsom, do hereby proclaim July 2023 as"Parks Make Life Better" month' PROCLAIMED this 27th day of June 2023.
Rosario Rodriquez, MAYOR
Attest:
Christa Freemantle, CITY CLERK
06/27/2023 Item No.1.
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Folsom City Council
Staff ort
CITY COUNCIL ACTION
Hope Cooperative will provide an update of homeless services in Folsom. No action is requested of the City Council.
Respectfu lly submitted,
Christa Freemantle, CMC
City Clerk
1 MEETING DATE: 6t2712023
AGENDA SECTION: Scheduled Presentations
SUBJECT: Presentation from Hope Cooperative Regarding Homeless Services in Folsom
F'ROM: City Clerk's Department
06/27/2023 Item No.2.
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Folsom City Council
Staff Re rt
CITY COUNCIL ACTION
Representatives from Folsom Tourism and Economic Development Corporation (TEDCorp) will provide a quarterly report. No action is requested of the City Council.
Respectfu lly submitted,
Christa Freemantle, CMC
City Clerk
MEETING DATE: 612712023
AGENDA SECTION: S cheduled Presentations
SUBJECT: Folsom Tourism and Economic Development Corporation (TEDCorp) Quarterly Report
F'ROM: City Clerk's Department
I
06/27/2023 Item No.3.
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Book77 Page 94
Folsom City Council
May 23,2023
Gity Gouncil Special Meeting
MINUTES
Tuesday, May 23,2023 5:15 PM
CALL TO ORDER
The special City Council meeting was called to order at 5:15 p.m. with Mayor Rosario Rodriguez presiding.
ROLL GALL:
Councilmembers Present M ike Kozlowski, Councilmember
Anna Rohrbough, Councilmember
Sarah Aquino, Councilmember
YK Chalamcherla, Vice Mayor
Rosario Rodriguez, MaYor
Councilmembers Absent:
Participating Staff:
None
City Manager Elaine Andersen
Assistant City Attorney Sari Dierking
City Clerk Christa Freemantle
Human Resources Director Allison Garcia
Human Resources Advisor John Spittler
ADJOURNM NT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES:
1. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): James Dorris v. City of Folsom, Sacramento County Superior Court Case No. 34- 2023-00337834
2. Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6. Agency Negotiator: Human Resources Advisor John Spittler. Employee Organization: City of Folsom Police Department Middle Management Employees
Motion by Gouncilmember Sarah Aquino, second by Vice Mayor YK Ghalamcherla, to adiourn to closed session for the above referenced items. Motion carried with the following roll call vote:
AyES: Gouncilmember(s): Kozlowski, Rohrbough, Aquino, Ghalamcherla, Rodriguez NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Councilmember(s): None
DRAFT - Not fficial until approved by the City Council Page 11 06/27/2023 Item No.4.
Book77 Page 95
Folsom City Council
May 23,2023
RECONVENE
Assistant City Attorney Sari Dierking announced that no final action was taken during closed session.
ADJOURNMENT
The special meeting was adjourned to the regular City Council meeting at 6:36 p.m SUBMITTED BY:
Christa Freemantle, City Clerk
ATTEST:
Rosario Rodriguez, Mayor
DMFT - Not fficial until approved by the City Council Page 12 06/27/2023 Item No.4.
Book77 Page 96
Folsom City Council
May 23,2023
City Gouncil Regular Meeting
MINUTES
Tuesday, May 23, 2023 6:30 PM
CALL TO ORDER
The regular City Council meeting was called to order at 6:36 pm with Mayor Rosario Rodriguez presiding.
ROLL GALL:
Councilmembers Present: Mike Kozlowski, Councilmember
Anna Rohrbough, Councilmember
Sarah Aquino, Councilmember
YK Chalamcherla, Vice MaYor
Rosario Rodriguez, MaYor
Councilmembers Absent:
Participating Staff:
None
City Manager Elaine Andersen
Assistant City Attorney Sari Dierking
CFO/Finance Director Stacey Tamagni
City Clerk Christa Freemantle
Public Works Director Mark Rackovan
Community Development Director Pam Johns
Fire Chief Ken Cusano
PLEDGE OF EGIANCE
The pledge of allegiance was recited.
AGENDA UPDATE
Assistant City Attorney Sari Dierking announced that there were no agenda updates.
BUSINESS FROM THE FLOOR:
The following speakers addressed the City Council
L Alexis Goddard regarding proposed cardroom
2. Kevin Goddard regarding proposed cardroom
3. Judy Ho regarding Leadership Folsom program
DRAFT - Not fficial until approved by City Council Page 13 06/27/2023 Item No.4.
Book77 Page 97
Folsom City Council
May 23,2023
4. Julane Slossberg regarding proposed cardroom
5. Michael Harris regarding Juneteenth
6. John Ashworth regarding proposed cardroom
SGH EDU LED PRESENTATIONS :
1. Army Corps of Engineers / California Department of Water Resources: Presentation on the Folsom Dam Raise Project
Public Works Director Mark Rackovan introduced Gerard Slattery from the Army Corps of Engineers who made a presentation and responded to questions from the City Council.
CONSENT GALENDAR (taken out of order):
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.
3. Approval of May 9,2023 Special and Regular Meeting Minutes
4. Resolution No. 1 1036 - A Resolution Authorizing the City Manager to Execute an Agreement with McGuire and Hester for the Construction of the Ashland Water Rehabilitation Project 1 and Appropriation of Funds
5. Resolution No. 1'1037 - A Resolution Authorizing the City Manager to Execute an Agreement with West Yost & Associates, lnc. for Construction Management and lnspection Services for the Ashland Water Rehabilitation Project 1
6. Resolution No. 1 1038 - A Resolution Authorizing the City Manager to Execute Non-Exclusive Agreements with Approved Licensed Contractors to lmplement the Sacramento Housing and Redevelopment Agency lnter-Agency Contract for the Seniors Helping Seniors Home Repair Program
Motion by Gouncilmember Mike Kozlowski, second by Vice Mayor YK Chalamcherla, to approve the Gonsent Calendar.
Motion carried with the following roll call vote:
AYES: Gouncilmember(s): Kozlowski Rohrbough, Aquino, Chalamcherla, Rodriguez NOES: Councilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None
Councilmember Sarah Aquino requested that New Business ltem No. 8 be heard before Scheduled Presentation ltem No. 2.
DRAFT - Not fficial until approved by City Council Page 14 06/27/2023 Item No.4.
Book 77 Page 98
Folsom City Council
May 23,2023
NEW BUSINESS (item taken out of order):
8. Appointment of Parks and Recreation Commission At-Large Member City Clerk Christa Freemanile explained the open ballot process for appointing a commission member and distributed ballots to the Councilmembers.
Councilmember Sarah Aquino voted for Alayna Wagner'
Councilmember Mike Kozlowskivoted for Eric Spencer.
Councilmember Anna Rohrbough voted for Jun Zhang'
Vice Mayor YK Chalamcherla voted for Solomon Chris'
Mayor Rosario Rodriguez voted for Paul Romero.
Ms. Freemantle declared that there was no majority vote and asked the Council to vote again The City Council discussed their reasons for voting as they did and revoted.
Vice Mayor YK Chalamcherla voted for Solomon Chis.
Mayor Rosario Rodriguez voted for Paul Romero'
Councilmember Anna Rohrbough voted for Solomon Chis.
Councilmember Sarah Aquino voted for Alayna Wagner.
Councilmember Mike Kozlowski voted for Alayna Wagner.
Mayor Rosario Rodriguez announced she was willing to change her vote to Alayna Wagner.
Alayna Wagner was appointed as the At-Large Member to the Parks and Recreation Commission to fill the remainder of the term ending in December 2024'
SCHE ED PRESENTATIONS {item taken out of order):
2. City Manager's Fiscal Year 2022-23 Third Quarter Financial Report CFO/Finance Director Stacey Tamagni made a presentation and responded to questions from the City Council.
PUBLIG HEARING:
7 . Resolution No. 1 1O4O - A Resolution Adopting the City Manager's Fiscal Year 2023-24 Operating and Capital Budgets for the City of Folsom, the Successor Agency, the Folsom Public Financing Authority, and the Folsom Ranch Public Financing Authority City Manager Elaine Andersen introduced the item and provided a background overview. CFO/Finance Dirbctor Stacey Tamagni made a presentation and responded to questions from the City Council. There was Council discussion with additional clarification provided by staff.
Mayor Rosario Rodriguez opened the public hearing.
The following speakers addressed the City Council:
1. Phil Scott
2. Evangeline Scott
DRAFT - Not fficial until approved by City Council Page 15 06/27/2023 Item No.4.
Book 77 Page 99
Folsom City Council
May 23,2023
Motion by Gouncitmember Mike Kozlowski, second by Councilmember Sarah Aquino to approve Resolution No. 11040.
The City Council discussed the proposed budget. Staff provided additional clarification.
Substitute Motion by Gouncilmember Mike Kozlowski, second by Gouncilmember Anna Rohrbough to approve Resolution No. 11040 adding $100,000 towards an economic development person (as a contractor) taking $50,000 from the [originally proposed] risk management transfer and $50,000 from the [originally proposed] lT capital fund transfer with the condiiion that the Gity Council would discuss the parameters and expectations for this [economic development contractor] position.
Joe Gagliardi provided clarification regarding funds for the tourism business district and economic development.
The City Council further discussed the budget and received additional clarification from staff.
Substitute Motion carried with the following roll call vote:
AYES: Councilmember(s): Kozlowski, Rohrbough, Aquino, Chalamcherla, Rodriguez NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Councilmember(s): None
AGENDA
Joint City Council / Folsom Redevelopment Successor Agency / Folsom Public Financing Authority / Folsom Ranch Financing Authority / South of 50 Parking Authority Meeting
CONVENE JOINT MEETING
ROLL CALL:
Councilmembers/Board
Members Present:
Councilmembers/Board
Members Absent:
Mike Kozlowski, Councilmember
Anna Rohrbough, Councilmember
Sarah Aquino, Councilmember
YK Chalamcherla, Vice Mayor
Rosario Rodriguez, Mayor
None
City Manager Elaine Andersen
City Attorney Steven Wang
City Clerk Christa Freemantle
CFO/Finance Director Stacey Tamagni
Participating Staff:
DRAFT - Not fficial until approved by City Council Page 16 06/27/2023 Item No.4.
Book77 Page 100
Folsom City Council
May 23,2023
CONSENT NDAR:
10 Approval of the March 14, 2023 Joint City Council / Redevelopment Successor Agency / Public Financing Authority / Folsom South of 50 Parking Authority / Folsom Ranch Financing Authority Meeting Minutes
Receive and File the City of Folsom, the Folsom Redevelopment Successor Agency, the Folsom Public Financing Authority, the Folsom Ranch Financing Authority, and the South of 50 Parking Authority Monthly lnvestment Reports for the Month of March 2023 I
Motion by Councilmember Sarah Aquino, second by Vice Mayor YK Ghalamcherla, to approve the Consent Galendar.
Motion carried with the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Gou nci l/Boardmem ber(s) :
Cou ncil/Boardmem ber(s) :
Gou nci l/Boardmem ber(s) :
Counci l/Boardmem ber(s) :
Kozlowski, Rohrbough, Aquino, Chalamcherla,
Rodriguez
None
None
None
COUNCIL OUEST FOR FUTURE ITEMS
Councilmember Anna Rohrbough requested the Council discuss their vision for the City's Community Development Department. There was no Council consensus to add this matter to a future agenda.
CITY MANAGER REPORTS
City Manager Elaine Andersen announced the following: National Police Week, Library Carpet neptacement completion, 1Oth Annual Community Service Day, Summer Music Concerts and the Tree Care Volunteer Event. She congratulated Public Works employees Brian Reed and Marie McKeeth who were each named Manager of the Year by APWA.
GOUNCIL COMMENTS:
Councilmember Anna Rohrbough congratulated Christine Brainerd for being honored by her colleagues at the California Association of Public lnformation Officers conference and commended the success of City Works Day. She thanked all who have served in honor of Memorial Day.
Vice Mayor YK Chalamcherla commented regarding the work involved in passing the budget and thanked staff.
Councilmember Sarah Aquino thanked staff for their work on the budget.
Councilmember Mike Kozlowski congratulated the Folsom graduates and spoke of Gabriella Gibson who received an Eagle Scout Court of Honor. He spoke of attending the Regional Transit meeting.
Mayor Rosario Rodriguez commented regarding supporting summer concerts in Folsom, Greater Sacramento Economic CouncilAnnual Celebration, Leadership Folsom, May is Bike Month, Folsom DRAFT - Not fficial until approved by City Council Page 17 06/27/2023 Item No.4.
Book77 Page 101
Folsom City Council
May 23,2023
Dam releasing water and safety while on the American River. She commended the Fire Department on their service to a friend of hers, congratulated staff receiving awards and congratulated the graduating classes of 2023.
ADJOURNMENT
There being no further business to come before the Folsom City Council, Mayor Rosario Rodriguez adjourned the meeting in honor of Dennis Batchelder at 9:49 pm'
SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST:
Rosario Rodriguez, Mayor
DMFT - Not fficial until approved by City Council Page 18 06/27/2023 Item No.4.
Folsom City Council
Staff ort
RECO ATION / CITY COUN , ACTION
The Fire Department recommends that the City Council pass and approve Resolution No.
I1054 - A Resolution Authorizing Public Fireworks Displays During the Annual Folsom Pro Rodeo Activities on July 1, July 2, and July 3, 2023.
BACKGROUND / ISSUE
The annual Folsom Pro Rodeo is scheduled for July l, July 2, andJuly 3, 2023, at Rodeo Park, with a proximate firework display each night.
The Fire Department is coordinating the safety requirements for these fireworks displays with the Folsom Chamber of Commerce and the California State Fire Marshal's Office. The licensed firm of Fireworks & Stage FX America has been secured by the Folsom Chamber of Commerce to operate these fireworks displays.
POLICY / RULE
Section 9.36.020 of the Folsom Municipal Code states that public displays of fireworks may only be held when authorized by resolution of the City Council, after recommendation of the Fire Chief, and when under the supervision of a licensed pyrotechnic operator.
MEETING DATE: 6t2712023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11054 - A Resolution Authorizing Public Fireworks Displays During the Annual Folsom Pro Rodeo
Activities
FROM: Fire Department
1
06/27/2023 Item No.5.
ANALYSIS
A public display of fireworks is proposed by the sponsor of the event to be fired each night at the conclusion of the rodeo. Staff has reviewed all safety issues relative to public fireworks display and is working with the Folsom Chamber of Commerce and Fireworks & Stage FX America to mitigate any potential issues. Staff believes that these mitigation measures will reasonably satis$ the safety concerns.
FINANCIAL IMPACT
There is no fiscal impact as the overtime staff costs for the required fire safety officer standby each night will be paid by the Folsom Chamber of Commerce'
ENVIRONMENTAL REVIEW
There are no foreseeable environmental impacts
ATTACHMENTS
1. Resolution No. 1 1054 - A Resolution Authorizing Public Fireworks Displays During the Annual Folsom Pro Rodeo Activities
2. Fire Department Permit Application from Fireworks & Stage FX America Submitted,
Ken Cusano, Fire Chief
2 Page 20
06/27/2023 Item No.5.
Attachment I
Resolution No. 11054 - A Resolution Authorizing Public Fireworks Displays During the Annual Folsom Pro Rodeo Activities
06/27/2023 Item No.5.
RESOLUTION NO. 11054
A RESOLUTION AUTHORIZING PUBLIC FIRE,WORKS DISPLAYS
DURING THE ANNUAL FOLSOM PRO RODEO ACTIVITIES
WHEREAS, on the evenings of July 1, July 2, and July 3, 2023, the Folsom Chamber of Commerce will be sponsoring the annual Folsom Pro Rodeo at the Dan Russell Arena; and WHEREAS, Folsom Municipal Code Section9.36.020 authorizes the public display of fireworks; and
WHEREAS' the City of Folsom wishes to support the festivities of our nation's independence, as well as family-oriented activities within the community, NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes this public display of fireworks to celebrate this special occasion, with the recommendation of the Fire Chief, and under the supervision oflicensed pyrotechnic operators. pASSED AND ADOPTED this 27ft day of June 2023,by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Rosario Rodriguez, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 11054
06/27/2023 Item No.5.
Attachment 2
Fire Department Permit Application from Fireworks & Stage FX America
06/27/2023 Item No.5.
FOLSOM
FIREDEPARTMENT
b3S Glenn Drive Folsom, CA qS63o
Office (916) 46r-63oo Fax (gt6) g8+-Zo8t
$wutrfolsotn-cs.us
F (}LS(}hd
FIRE SAFETY OFFICER SER\rICE AGREEMENT
Itireworks & Stage FX Amenca
45-5334907
APPLICANT:
TAX ID/SS*:
ADDRESS: PO Box 488 Lakcside, CA 92040
TELEPHONE: 6t9-938-8277
It has determined by the Fire chief, in accordance with city of Folsom Municipal Qodg phapter 8.36 (Folsom Fire Code g roz.g) tfrfipt*i.ion must be;"d" i;r rire sa"tety offieer Sewicei at the following event/activity:
Date(s) Start Time Finish Tlme Total Hours
l0:00pm 4.07ll thru7/3 6:00pm
LOCATION OF EVENT: Folsom Rodeo
TYPE OF EVBNT; Pyrotechnics for Folsom Rodeo -
The Fire Chief hereby agrees to furnish, and Applicant hereby-agrees to accept and pay for, the requisite Fire S"i"tV Om.er Services s--ubject to the following terms and conditions:
t. The event/activity will require approximately -!?-
hours of service by I Fire Safety Officer(s)'
to be provided at an hourly rate of $g+'ro per hour;
2. In the event additional hours of Fire Safety Officer services are required !v the length and/or nature of the event/actt"tty;;;fuettion"t r.t ni"ei rrtJtu" providedbythi rire Department atthe same hour$ rate(s) as aforesaid;
3. The Folsom Fire Department shall bill by invoice for the aforesaid services by invoice;
4. The Applicant shall remit the full sum due and owing within thirty (so) days of the date of the invoice' Julic Andrews, Officc Manager
of Applicant (If authorbed representativ e, give title) Signature of Fire DePartment Repres entat iv e (include title ) 6t212023
Date
Date
working Together to Provide superior sewices in a safe, Thorough, and Effrcient Manner
06/27/2023 Item No.5.
FOLSOM
FIREDEPARTMENT
b35 Glenn Drive Folsom, CA 9563o
Office (gt6) +6t-63oo Fax (g16) gB+-ZoBr
ttswturrfolsorn.cq'il.s
lF(Ots0t\4t
cttY oF
OISTINCTIVE BY NATUNE
FIRE DEPARTMENT PERMIT APPLICATION
OPERATIONAL PERMIT
BUSINESSNAME (Print) Fireworks & Stage FX America
ADDRESS PO Box 488 Lakeside, Ca92040
APPLICANT NAME Julie Andrews
BILLINGADDRESS (IF
DIFFERENT)
TELEPHONE NUMBER 619-938-8277
E-MAIL office@fi reworksamerica. com
ACTNTIY DESCRIPTION Pyrotechnics for Folsom Rodeo
A property owner or owner's authorized agent who intends to conduct an operation or business, or install or t"oaiiy ryrt"-. and equipment that are regulated by the California Fire Code, or to cause any such work to be performed, shall first make application to the fire code official and obtain the required permit. (CFC ros) Conditions of Permit
The conditions, surroundings, and arrangements for the operation(s) or activities subject to this permit shall be in accordance with all applicable regulations. The premises shall be subject to periodic inspection by the City of Folsom to ensure "ornffiu.r"" with the applicable regulations and any condition(s) imposed. The permit is subject to revocation for failure to comply with those regulations and any specific conditions that are in effect at the time of inspection.
In obtaining afire departmentpermitthe applicantunderstands andacknowledgesthat Folsom Fire Department has the right to enter and inspect that for which the permit is issued for compliance within the rules and regulations enforced by the City of Folsom. The applicant acknowledges that right and agrees to pay all costs incurred by the City of Folsom in securing any judicial writ or inspection warrant to fuHill that right wherein the applicant fails to give consent for inspection.
Application is made to Folsom Fire Department for inspection and approval of the described operation or u"t-i.rity, which will conform to all applicable standards. No operation or actMty requiring a permit will be performed until a Fire Department permit is received. It is understood that worhng without approved plans and a permit will result in delays and additional fees.
Working Together to Provide Superior Services in a Safe, Thorough, and Efficient Manner
06/27/2023 Item No.5.
Page z of z
FIRE CODE PBRMIT FEES (To operate, conduct, perform, store, or use the following):
* Includes initial fire and life safety inspection and one re-inspection. ** In addition to fire and life safety inspection(s), these processes may also require a construction plan review. Plan review fees are based on the project's valuation or on third-party plan review costs; whichever is higher.
TOTAL FEE(S) DIIE $
MAI<E CHECI<S PAYABLE TO:
PAWIENTRECEIWD:
USE ONI,Y)
CTIECKNUMBER,.-
PERMIT NUMBER:- INSPECTOR
CITYOFFOI,SOM
FOLSOM FIRE DEPARTMENT
ACSTS RECEIVABLB
535 GLENN DRTVE
FOLSOM, CA95630
Click here to Submit by Email
(Attach this form and any
plans to the email)
Operational Permits" ($r8s each) (Check One or More)
Liquid or Gas-fueled Vehicles or Equip in Assembly Bldgs'Activities in Hazardous Fire Areas Liquefied Petroleum (LP) Gas Storage and Use**Aerosol Products Storage/Handling Magnesium Storage/HandlingAmusement Buildings
Miscellaneous Combustible Storage (z5oo+ sq. ft.)Aviation Facilities Mobile Fueling of Hydrogen-Fueled VehiclesCarbon Dioxide Systems (roo+ pounds) Mobile Food Preparation VehiclesCarnivals and Fairs
Motion Picture and Other FilmingCellulose Nitrate Film
Motor Vehicle Fuel Dispensing FacilitiesChristmas Tree Lots Open BurningCombustible Dust-Producing Operations
Open Flames and TorchesCombustibl e Fiber Storage/Handling Open Flames and CandlesCompressed Gases Storage/Handling"" Organic CoatingsCovered and Open Mall Buildings
Places of Assembly (5o or more people)Storage/Handling""Cryogenic Production Facilities (Live Audiences)Cutting & Welding : Pyrotechnics / Special Effects MaterialDry Cleaning
Pyroxylin Plastics Storage/HandlingExhibits and Trade Shows Refrigeration Equipment Storage/HandlingExplosives Storage/Handling Repair GaragesFire Hydrants and Valves (Including private) Rooftop HeliportsFlam. /Comb. Liquids Storage and Pipelines"" Spraying or Dipping*"Floor Finishing (3So+ sq.ft.)
Storage ofScrap Tires and Tire ByproductsFruit & Crop Ripening Temporary Membrane Structures and Tents**Fumigation/Ins ecticidal Fo gging Tire Rebuilding PlantsHazardous Materials Storage/Handling*" Waste HandlingHazardous Production Material (HPM) Facilities Wood Products Storage/HandlingHigh Piled Combustible Storage (5oo+ sq. ft.)"" Expedited Service Fees (r.5 X Regular Fee)Hot Work Operations Technical Assistance / Third Party (Actual Cost)Industrial Ovens** Re-Inspection (z"d and subsequent) $zz8 eachLumber Yards a nd Woodworking Plants II
Working Together to Provide Superior Services in a Safe, Thorough and Efficient Manner.Page 26 06/27/2023 Item No.5.
Application for Permit for a
Public Display of Pyrotechnics
Authoritv havino Jurisdiction: 23186
Lauren Ono
Folsom Fire Department
48 Natoma Street
Folstom, CA 95630
& Si.g. FX
?m€-fim
Glient:
Folsom Chamber of Commerce
Attn: Libby Siino
200 Wool Street
Folsom, CA 95630
olsom Rodeo Arena
e Plot Map
00 WoolStreet
olsom, CA 95630
Signature of Permifting Authority
ffi
P. O. Box488
Lakeside, CA 92040-0488
(61e) 938.8277
Fax (619) 938{273
Fireworks & Stage FX America, lnc. on behalf of the Sponsor Listed Above requests a permit to conduct a public display of fireworks in accordance with Federal, State and Local Laws and Ordinances Date(s):
Time/Length:
Pyrotechnic
Operator(s)
and License
Number:
(where required)
IS HEREBY
9:45PM 7.5 min
7t1t2023 71212023 71312023 Site lnformation:
Brandon Waits 2936-02
(Operator Name)
and assistants
(License No.)
Brand on Cel| 91 6-802-4482
Email: [email protected]
Proof of current General Liability tnsurance and Workers Compensation lnsurance is attached.
A detailed diagram of the proposed firing site is attached. Office contact: Julie Andrews Description of Display: (619) 938'8277' Fax (619) 938-8273 Folsom Chamber of Commerce on 71112023 in Folsom, CA.
Fireworks fired Electrically, in Racks.
Ground Level Pyrotechnics (0 - 50 Foot typical Altitude):
Low Level Pyrotechnics (51 - 125 foot typical altitude):
Devices - 62;
Bombardments - 26;
Aerial Pyrotechnics (>125 foot typical altitude):
PERMISSION TO CONDUCT A PUBLIC DISPLAY OF PYROTECHNICS AS SPECIFIED HEREIN
PERMITTED DENIED
Circle Appropriate
Fireworks & Stage FX Permit Reference No. 23186
Title
Date
Prinled612lPage 27
06/27/2023 Item No.5.
Application for Permit for a Theatrical
Display of Pyrotechnics
Authoritv havinq Jurisdiction :
Lauren Ono
Folsom Fire Department
48 Natoma Street
Folstom, CA 95630
Other Dates: 712/202 7/3/2023
& Sta!. FX
imclim
Client:
Folsom Chamber of Commerce
Attn: Libby Siino
200 Wool Street
Folsom, CA 95630
Folsom Rodeo Arena
See Plot Map
200 Wool Street
Folsom, CA 95630
Signature of Permitting Authority
ffi
P. O. Box 488
Lakeside, CA 92040-0488
{619) 938-8277
Fax (619) 938{273
Fireworks & Stage FX Americd, Inc. on behalf of the Sponsor Listed Above requests a permit to conduct a public display of fireworks in accordance with Federal, State and Local Laws and Ordinances.
Date and Time: 7/l/2023 9:45PM Site Information:
Srotechnic
Operator(s)
and License
Number:
(where required)
BrandonWaits 2936-02
(Operator Name)
and assistants.
(License No.)
Brand on Cell 9 1 6'802-4482
Email: bfwaits@gmail. com
Office contact: Julie Andrews
General Public Display License Number 0528: (619) 93S-S277,Fax (619) 938-8273 Proof of current General Liability lnsurance and Workers Compensation lnsurance is attached A detailed diagram of the proposed firing site is attached.
Description of Pyrotechnics and Special Effects:
i0mm Aesnrfed Mines & Comefs 50
6O second Sfrnhe Pnts 4
Fhsh Renorts/ Concussion Hits 6
PERMISSION TO CONDUCT A PUBLIC DISPLAY OF PYROTECHNICS AS SPECIFIED HEREIN
IS HEREBY PERMITTED DENIED
Circle Appropriate
Fireworks America Permit Reference No. 23186
Title
Date
Printed6/2/
06/27/2023 Item No.5.
FA
FIR EWOR KS
T\ STAGE FX
AMERICA
"The Dilference is Quality"
PO Box 488, Lakeside, CA 92040
Tofl Free: 800{6l.7976, Phone: 519-938-8277 Fax:
519-938-8273
May25,2023
Bureau of Alcohol, Tobacco Firearms and Explosives
L325 | Street Suite 1530
Sacramento, Ca.95814
RE: Overnight Storage of 1.3g Display Fireworks
To whom it may concern.
This letter is to inform you of our intent to store 1.3g display fireworks at 403 Stafford St.
Folsom Ca.95623, from fuly 1 to fuly 3,2023. This product will be under the direct supervision of a California licensed technician, transferred to the site and under 24 hour supervision.
This is in full compliance with 27CFR Part 555 and ATF Ruling 2007-2. In compliance with this ruling the temporary storage will be fire resistant, weather resistant and theft resistant. Each door will be equipped with a five tumbler padlock and the set - back distance will be a min. of L50 feet. The area will have 24 hour security. f. Scott Danielson
President
06/27/2023 Item No.5.
WND NORTH
06/27/2023 Item No.5.
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMTDD/YYYY}
5t3t2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TH|S CERTTFTCATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUTNG TNSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
The Partners Group Ltd
1111 Lake Washington Blvd N.
Suite 400
Renton WA 98056
CoNTACT . ...NAMF: Janet NaU
lilS\t" ro'. 425455-5640
INSURERTSI AFFORDING COVERAGE NAIC #
tNsuRER A : Everest lndemnitv Insurance co 1 0851
INSURED
Fireworks and Stage FX America, lnc.
Fireworks and Stage FX America, LLC
PO Box 488
Lakeside CA 92040-0488
tNsuRER B: Everest Denali lnsurance companv 't6044
tNslIRFR c: AXIS Surolus Lines lnsurance Comnanv 26620
|NSURER D: Arch soecialtv lnsurance comoanv 21',t99
INSLIRER E:
INSIJRER F :
COVERAGES CERTIFICATE REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHO\IN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EXP LIMITSIN:'RITF TYPE OF INSURANCE rNCD POLICY NUMBER
POLICY EFF
rM M/DD/YYYYI
EACH OCCURRENCE s 1 000 000
$ 500.000
MED EXP (Anv one offion) $ Excluded
PERSONAL &ADV INJURY $ 1.000.000
GENERAL AGGREGATE $ 2,000,000
PRODUCTS . COIUP/OP AGG $ 2 ooo ooo
st8M102461231 2t11t2023 il11n024
$
COMMERCAL GENERAL LIABILIIY
X
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X
CLAII\4S-MADE OCCUR
GENERAL LIABILITY
X
$ 1 ooo ooo
$BODILY INJURY (Per peren)
BODILY INJURY (Per a6ident) $
$
B AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
AUTOS
NONOWNED
AUTOSX
X
X
st8cA00278231 2t11t2023 2t11t2024
$
EACH OCCURRENCE $ 4,000,000X
$ 4 000 000X
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGA]E
P00'1 000739376002 2t1'U2023 2111t2024
$
U
DFD RFTFNTION S
I V!\..; S lA I U- OIH-trp
E.L. EACH ACCIDENT $
sE.L. DISEASE - EA EMPLOYEE
E-1. DISEASE - POLICY LIMIT $
WORKERS COMPENSANON
AND EMPLOYERS' LIABILIry
ANY PROPRI ETORYPARTNERYEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandabry in NH)
lf ves. de$ribe under
DFScRIPTIoN oF oPFRATIONS below
tl NIA
Each Occ/Aggregate $5,000,000D
B
Excess Liability - O6urren@
Hired Auto Phys Dmg.
- $86.000
uxP10481 1301
st8cAo0278231
2t't1t2023
2t11t2023
2t11t2024
2t11t2024
DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (AftachACORDl0l,AdditionalRemarksSchedule,ifmorespaceisrequlred) The following are included as Additional lnsured on General Liability as their interest may appear as respects operations performed by or on behalf of the Named lnsuied Per form #ECG 20592 0509 Additional lnsured-Designated Person or Organization attached:
City of Folsom, Folsom Pro Rodeo, Folsom Chamber of Commerce, Dan Russel Arena, Folsom Fire Department; its officers, agents, employees, and servants wh-en acting in their official capacity as such. The duly licensed operator requlred by law to supervise and discharge the public show, acting either as an employee olthe insured or as an independent contrabtor and the State of California, its officers, agents, employees, and servants are included as additional insureds.
Show Date: 7 11, 7 12, 7 1312023
Show Location: Folsom Rodeo Arena
CANCELLATION
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Folsom Chamber of Commerce
200 Wool Street
Folsom CA 95630
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE W|LL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
"3;'#;L
ACORD 25 (2010/05)
06/27/2023 Item No.5.
POLICYNUMBER: s18M102461231
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
A. Section ll - Who ls An lnsured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" but
only to the extent caused, in whole or in part, by
your acts or omissions or the acts or omissions of
those acting on your behalf:
1. In the performance of your ongoing operations;
or
2. ln connection with your premises owned by or
rented to you.
B. The insurance afforded to an additional insured
shall only include the insurance required by the
terms of the written agreement and shall not be
broader than the coverage provided within the
terms of the Coverage Part.
COMMERCIAL GENERAL LIABILITY
ECG 20 592 05 09
G. The Limits of lnsurance afforded to an additional
insured shall be the lesser of the following:
1. The Limits of lnsurance required by the written
agreement between the Parties; or
2. The Limits of lnsurance provided by this Cov-
erage Part.
D. With respect to the insurance afforded to an addi-
tional insured, the following additional exclusion
applies:
This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising in-
jury" arising out of any act or omission of an addi-
tional insured or any of its employees.
Copyright, Everest Reinsurance Company 2009
lncludes copyrighted material of lnsurance Services Office, lnc., used with its Permission.
Name Of Additional lnsured
ANY PERSON OR LEGAL ENTITY IN WHICH YOU HAVE A WRITTEN CONTRACT, AGREEMENT, OR PERMIT WHICH REQUIRES THAT YOU NAME THE CONTRACTING PARTY AS AN ADDITIONAL INSURED.
I ired to com Sched if not shown will be shown in the Declarations.
ECG 20 592 05 09 Pagelofl tr
06/27/2023 Item No.5.
--.ACORD"V
FIRE&ST.O1
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
512612023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS
GERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: NSURED or endbe orsed,the havemust ADDITIONALants tNsuADDITIONAL provisionsthetf holder RED, policy(ies)certificate statementA oncertain tGres an endorsement.terms conditionsand theof requiresu to the PolicY, maySUBROGATION WAIVED,tf bject lieuin suchofholderthe certificatetocertificatethis notdoes confer 223-1',170223-1170
N
PRODTJCER
lnsurance
Dr., Suite
LLCRis k & Solutions,
200
23 INSURER
Fireworks & Stage FX America, LLC
DBA Fireworks America
P.O. Box 488
Lakeside, CA 92040
INSURED
ERIODPNAMEDD FORABOVE POLICYTHEHAVEBELOW NBEE TOISSUED INSURETHEOF SUN LISTEDRANCETH IS CETO FYRTI THETHAT POLtCtES TH tsWHIC HOR EROTH NTDOCUME RESPECTWTH TOOR tTlCOND OFON CONTRACTANYMTERNGDI REQANY U MENTRETHSTANNOTWICATED-IND tsHEREIN BJSU TOECT THEALL TERMS,CE BYAFFORDED POLtCtESTHE DESCRIBEDPEMAY RT INSUTHE RANERTI CATEFI MA ISSUBE OR AIN,ED BY CLAIPAID MS.HAVEMAY REDUCEDBEENtTtD o sF POLICIES.UCH MLI SHO\ANITSIONSEXCLUS DAN N oNsco
LIMITSPOLICY NUMBERTYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
LIMIT PER:
E
PRO-
JECT
CLAIIVS-MADE OCCUR
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NONO\AJNIED
AUTOS ONLY
OCCUR
CLAIMS-MADE
UMBRELLA LIAB
EXCESS LIAB
DED RETENTION $
x
1 6t1t2023 6t1t2024l-01
N/A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILIW
ANY PROPRI ETOR/PARTNEFYEXECUTIVE
OFFICER/MEMBER EXCLUDED?
{Man&tory ln NH)
N
describe und€r
DESCRtpTtONOFOPERAT|ONS/LOCATIONS/VEHICLES (ACORDl0l,Additional Remarksschedule,maybeattachedif morespaceisrequired) of lnsurance.
Proof of lnsurance,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE wlTH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
,' '7/'-' ./ ''l
/' .,'<, --7 /
/aL- ( +az''-
@ 1988-2015 ACORD CORPORATION. All rights reservedACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORDPage 33 06/27/2023 Item No.5.
FIREWORKS LICENSE
Public Display - General
LICENSE NUMBER: GPD-0528
FORCALFIRE
Licensee : FIREWORKS & STAGE FX AMERICA, LLC
12455 CA 67 lssue Date :0312312023
LAKESIDE, CA,92040-0488 Expiration Date : 0613012A24
6199388277
The public Display - General Fireworks License is issued to the above Licensee by the California Office of the State Fire Marshal and maybe revoked or suspended for errors or for providing incorrect information provided by the applicant or co*pany representatives, This license does not serve as or provide any warranties or guarantees of continued licensure and is subject to investigation.
Display lnformation:
Dlsplay Address
VARIOUS
Gounty
Wl.LhtL
zlpGity
VARIOUS 00000 usA
U'
lssued By CortneY Walker
Fire Engineering License Manager
Fire Engineering and lnvestigations Division
Reviewed and Approved By Caleb Phillips
Program Coordinator
Fire Engineering and lnvestigations Division
OFFICE OF THE STATE FIRE MARSHAL
please visit calfire.govmotus.org for more information on licensing and permitting with CAL FIRE
06/27/2023 Item No.5.
FIREWORKS LICENSE
lmporter/Exporter
LICENSE NUMBER: llE-l129
FORF''tE
Licensee : FIREWORKS & STAGE FX AMERICA, LLC
12485 CA 67
LAKESIDE, CA, 92040.0488
61 9-938-8277
lssue Date : 0312312023
Expiration Date : 0613012024
The lmporter/Exporter Fireworks License is issued to the above Licensee by the Galifornia Office of the State Fire Marshal and maybe revoked or suspended for errors or for providing incorrect information provided by the applicant or company representatives. This license does not serve as or provide any warranties or guarantees of continued licensure and is subject to investigation. tJW*t+'nt,
lssued By Cortney Walker
Fire Engineering License Manager
Fire Engineering and lnvestigations Division
Reviewed and Approved By Caleb Phillips
Program Coordinator
Fire Engineering and lnvestigations Division
OFFICE OF THE STATE FIRE MARSHAL
Please visit calfire.govmotus.org for more information on licensing and permitting with CAL FIRE
06/27/2023 Item No.5.
FIREWORKS LICENSE
Wholesaler
LICENSE NUMBER: W-l132
FTRE FOR
Licensee : FTREWORKS & STAGE FX AMERICA
12485 CA 67
LAKESIDE, CA,92040
na
lssue Date : 0312312A23
Expiration Date : OGBA|2024
The Wholesaler Fireworks License is issued to the above Licensee by the California Otfice of the State Fire Marshal and maybe revoked or suspended for errors or for providing incorrect information provided by the applicant or company representatives. This license does not serve as or provide any warranties or guarantees of continued licensure and is subject to investigation.
W^tl,4h
lssued By Cortney Walker
Fire Engineering License Manager
Fire Engineering and lnvestigations Division
Reviewed and Approved By Caleb Phillips
Program Coordinator
Fire Engineering and lnvestigations Division
OFFICE OF THE STATE FIRE MARSHAL
please visit calfire.govmotus.org for more information on licensing and permitting with CAL FIRE Page 'l rrf 1
06/27/2023 Item No.5.
Expares: June 3oth
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06/27/2023 Item No.5.
This page intentiono.Ily Ieft blank
to focilitate double- sided printing .
CITY OF
F(}LS()l\f
DISTINCTIVE BY IIATURE
06/27/2023 Item No.5.
Folsom City Council
Staff Re rt
RECOMMENDATION / CITY COUNCIL ACTION
Move to Adopt Resolution No. 1 1055 - A Resolution Authorizing the City Manager to Execute aLoanPurchase Agreement Amendment with USA Properties Fund, Inc.
BA / ISSUE
On February 8,2011, the City Council approved a bridge loan in the amount of $500,000 to Forestwood, L.P., a Califomia limited partnership to assist in the development of the 55-unit Forestwood at Folsom affordable housing community ("Project").
On April 1,2011, the Project developer, USA Properties Fund, Inc. ("USA") and the City of Folsom entered into a Loan Purchase Agreement in which USA agreed to purchase the outstanding balance of the $500,00 bridge loan from the City ten years from when the Project achieved stabilized operations.
On May 8,2023,USA sent a letter (Attachment 2) to the City requesting a five-year extension to the Loan Purchase Agreement between USA and the City of Folsom. This Resolution will authorize the City Manager to execute an Amendment to the Loan Purchase Agreement with USA to extend repayment of the city loan for an additional five years.
POLICY / RULE
Financial support of affordable housing projects is consistent with the City's Housing Element goals.
I
MEETING DATE: 6t2712023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11055 - A Resolution Authorizing the City Manager to Execute a Loan Purchase Agreement Amendment
with USA Inc.
F'ROM: Community Development Department
06/27/2023 Item No.6.
ANALYSIS
As noted above, USA is requesting a five-year extension to the Loan Purchase Agreement between USA and the City of Folsom.
The loan's term on its face is for 45 years; however, USA entered into a separate loan purchase agreement with the City by which USA agreed to purchase the loan for the amount of any unpaid balance of the note after ten yeats, effectively making it a ten-year loan. As such100 peicent of the principal balance and all accrued and unpaid interest are due at the end of the ten-year term. To date, the current remaining loan balance is $447,742.40. ln 2011, the developer proposed that the City loan carry three percent simple interest and be repaid with 75 percent of net income over ten years. At that time, the cash flow projected by the developer showed sufficient funds available to repay the loan within the aggressive ten- year timeframe; however, the unforeseen negative Area Median Income (AMD growth that occurred during the past decade impacted the Project's allowable affordable rents and thus reduced the cash flow available to make City loan payments. Furthermore, USA made the decision to not increase rents for existing tenants due to the impacts of COVID-l9 on its residents. These factors have resulted in much lower cash flows than originally projected and thus lower payments toward the City loan.
Based on the cumulative impacts of the factors identified above, staff supports USA's request for a five-year extension to the loan purchase agreement in order to allow property cash flows to catch up to what was originally projected.
IMPACT
Funding for the loan was made from the Housing Trust Fund (Fund 221).The financial impact of making the noted changes to the loan purchase agreement will result in a five-year delay in repayment of the current loan balance of $447,742.40 and accrued interest to Fund 221 and will not impact the City's General Fund. As of June 2023, the City's combined housing fund balance is $11,261,436infunds available to assist future affordable housing projects.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review under Section 15061(bX3) of the CEQA Guidelines (Review for Exemption) because this is an administrative action that has no potential impact on the environment.
ATTACHMENTS
1 . Resolution No. 1 I 05 5 - A Resolution Authori zing lhe City Manager to Execute a Loan Purchase Agreement Amendment with USA Properties Fund Inc.
2. USA Properties Fund Letter (dated May 8, 2023)
2 Page 40
06/27/2023 Item No.6.
Submitted,
Pam Johns, ty Development Director
J Page 41
06/27/2023 Item No.6.
Attachment I
Resolution No 11055 - A Resolution AuthorizingThe City
Manager To Execute A Loan Purchase Agreement Amendment
With USA Properties Fund Inc.
06/27/2023 Item No.6.
RESOLUTION NO. 11055
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN PURCHASE AGREEMENT AMENDMENT WITH USA PROPERTIES FIND INC.
WHEREAS, on February 8, z}ll,the City Council approved a bridge loan in the amount of $500,000 to Forestwood, L.P., a California limited partnership to assist in the development of the 55-unit Forestwood at Folsom affordable housing community ("Projecf'); and WHEREAS, on April 1,2011, the Project developer, USA Properties Fund,Inc ("USA") and the City of Folsom entered into aLoanPurchase Agreement in which USA agreed to purchase the outstanding balance of the $500,00 bridge loan from the City ten years from when the Project achieved stabilized operations; and
WHEREAS, on May 8, 2023, USA, sent a letter to the City requesting a five-year extension to the Loan Purchase Agreement between USA and the City of Folsom due to unforeseen factors that lowered the Project cash flows; and
WHEREAS, financial support of affordable housing projects is consistent with the Crty's Housing Element goals; and
WHEREAS, based on the cumulative impacts of unforeseen factors that lowered the Project's cash flows, staff supports USA's request for a five-year extension to the loan purchase agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the City Manager is authorized to execute a Loan Purchase Agreement Amendment with USA Properties Fund Inc., in a form approved by the City Attorney.
PASSED AND ADOPTED on this 27h day of June 2023,by the following roll-call vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s)
ABSTAIN: Councilmember(s):
ATTEST:
Christa Freemantle, CITY CLERK
ResolutionNo. 11055
Page I ofl
Rosario Rodriguez, MAYOR
06/27/2023 Item No.6.
Attachment 2
Loan Extension Request Leffer
06/27/2023 Item No.6.
H
PROPERTITS TUND
Crsting outstEnding Communities.
May 8,2023
Stephanie Traylor Henry
Senior Planner
City of Folsom
50 Natoma Street
Folsom, CA 95630
VIA E-MAIL
The purpose of this letter is to respectfully request a five (5) ygar extension to the Loan Purchase Agre^ernlnt dated April l,z1ll,between USA Properties Fund, Inc. ("USA') and the City of Folsom C.bityf. In 201r, tne city provided a $500K loan to Forestwood, L.P., a California limited partnership io *.iri in the developmenfof our 55-unit affordable housing community in the City, Forestwood at Folsom (.,project"). As a condition of the City making this loan USA agreed to purchase the outstanding balance of this loan from the City l0 years from when the Project achieved stabilized operations.
At the time of this original undenrriting USA utilized industry and TCAC accepted standards for rent and expense growth 1i.s\"tz.sl%). Unforeseen at the time was the negative Area Media Income (AMD grcwth for the Sacramento MSA that occurred which impacted the allowable rents and therefore the Iash flow available to make City loan payments. As demonstrated in the chart below, the actual AMIs since inception of the project have jusfnow caught up with the proforrra projections using the indusbry accepted 2.5Yo annual rent growth.
SACRAM ENTO AM I G ROWTH
RE: Forestwood at Folsom - $500K City loan purchase
DearMs. Henry:
: P1gfg163 : .r: Actual
105,000
95,000
85,000
75,000
55,000
2oIL 2072 20L3 2074 2015 20L6 2o!7 2018 2019 2020 202L 2022 3200 Dougtas Btvd. Suite 200 Rosevilte, cA 9s661 | ph (916) 773-6060 | r" (gre) 786-8150 | www'usapropfund.com
06/27/2023 Item No.6.
Stephanie Henry
City of Folsom
May 8,2023
Page2
ln addition, in2020,USA made the decision to not increase rents for existing te,lrants due to the impacts of COVID-19 on our residents. We believe this was the right decision even though it impacted the cash flow available to make payments on the City loan and defened developer fee note. Additionally, we continue to moderate y"utiy rent increas es to 5-7o/o so that rent incteases can be reasonably absorbed by our residents.
Attached is the proforma and actual income and expenses for the past 10 years which demonstrates the cumulative impact of these issues. Due to the demonstrated combination of these issues, we are requesting a five (5) year extension to the loan purchase agleement to allow property cash flow to catch up to what was originally projected.
Thank you for your consideration and I look forward to discussing this request with you at your earliest convenience.
Senior Vioe President
dbobrowskv @usapropfu nd. com
9t6-87r-9540
Attachmont - Proforma to Actual NOI
3200 Douglas Btvd. suite 200 Roseville, cA 95661 | ph (gro) 773-6060 | rx (gre) 786-8150 | www.usapropfund.com
06/27/2023 Item No.6.
Forestwood at Folsom
Proforma Cash Flow
$ 615,54s $
262,872
352,673
265,439
43,107
630,934 $
271,558
359,376
265,439
48,945
646,707 $
280,535
366,172
265,439
54,860
380,043
26s,439
66,921
713,843 $
319,560
394,283
265,439
79,287
2021
401,540
265,439
85,581
408,887
265,439
91,949
416,323
265,439
98,388
54 2014
1 2015
2 2016
3 2017 2018
662,875 $
289,813
373,061
265,439
60,852
2019 2020 2022 2023
10 $ 749,982 $ 768,731
341,094 352,408
87b oProject Year:
Effective Gross lncome:
Total Operating Expenses:
Net Operating lncome:
Senior Debt Seruice:
Priority Distributions*:
679,446 $ 696,433 $
299,403 309,315
73'1,689
330,1 49
387,118
265,439
73,066
75%of CashFlowto Loan 34095 35,762 37 168 35,372
Avail. For DDF and Loan
Project Year
Total lncome
Total Expenses
Net Operating lncome
Senior Debt Service:
Priority Distributions*:
M/t26
Apr 2014
1 548,501
264,494
28/.,007
265,439
43,107
770 47,683 48,612 52,496 TOTAL
Apr 2015 Apr 2016
?
Apr 2017
4 Apr 2018
5 Apr 2019
b
Apr 2020 Apr 2021
8 Apr2022
I2 7
588,281
258,120
330,162
265,439
48,945
614,241
2s2,637
361,604
265,439
54,860
615,521
269,345
346,176
265,439
60,852
594,354
264,908
329,445
265,439
66,921
645,935
273,443
372,491
265,439
73,066
669,560
259,822
409,738
265,439
79,287
717,905
293,351
424,sil
265,439
85,581
729,526
319,147
410,379
265,439
91,949
265,439
98,388
Parthlyear
Apr 2023
10 718,646
315,962
402,684
Actual Cash Flow
Avail. For DDF and Loan 41,305 19,884 65,012 73,534
75o/oof Cash FIow Loan 11,833 48,759 150 744 226,868
Acutal vs. Proforma
Project Year
Proforma - Avail for City & DDF
Actual - Avail for City & DDF
Difference
Prioritv Distributions *
SHRA Loan Admin Fee (.15% of Loan):
Social Services Fee (Subordinate):
Managing General Partner Fee:
Asset l/anagement Fee (TC lnvestor):
(68,665) (N,2141
Annual Esc.
$938
20,400
1,500
7,500
44,126
(24,539)
2 44,992
15,778
4 o
45,873 46,770 47,683 48,612 49,558 50,520 51,500 52,496 482,129 41,305 19,884 (2,915) 33,986 65,012 73,534 52,992 38,857 313,893 (4,568) (26,885) (50,598) (14,626) 15,454 23,0',t4 1,492 | (13,639)l (168,236) $
$
$
2.0%
2.00/o
3.0%
06/27/2023 Item No.6.
This page intentiono.lly left blsnk
to facilitate double- sided printing .
CIT Y OF
FOLSOl\{
DISTIXCTIVE BY NATURE
06/27/2023 Item No.6.
Folsom City Council
Staff ort
MEETING DATE: 612712023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 1057 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Blue Ravine Road Pavement Rehabilitation Fiscal Year 2022-23 Project PW8017 and Appropriation of Funds
FROM: Public Works Department
RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11057 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Blue Ravine Road Pavement Rehabilitation Fiscal Year 2022-23 Project PW80l7 and Appropriation of Funds.
BACKGROUND / ISSUE
The Public Works Department manages the City of Folsom's Pavement Management Program, which includes funding for the repair, resurfacing, and maintenance of roadways in the city.
This project will rehabilitate the pavement on Blue Ravine Road between Prairie City Road and East Bidwell Street.
In addition to pavement rehabilitation, other important aspects of the project include a rubberized asphalt overlay, upgrades to pedestrian facilities with the installation of Americans with Disabilities Act (ADA) compliant ramps, vehicle video detection at signalized intersections, and enhanced wet-night visibility traffic striping. The majority of the work will be performed between 8:00 PM and 6:00 AM to avoid causing trafhc congestion during daytime hours. Appropriate notification will be given to the surrounding properties that may be affected. 1
06/27/2023 Item No.7.
In February 2022,the City of Folsom (City) contracted with Kimley-Horn and Associates, Inc., to conduct a pavement evaluation of Blue Ravine Road, which consisted of visual observations, asphalt core testing, pavement deflection testing, testing results analysis, and preparation of the project plans, specifications, and estimate. The report recommended that the distressed pavement could be repaired by either the traditional method of "mill & frll" or by utilizing a Cold In-Place Recycling (CIR) process. Based on a cost analysis performed by Kimley-Hom, the CIR option was chosen due to the ability to rehabilitale a much larger area for less cost than traditional methods. This will be the second time that the City has utilized the CIR process. The first CIR project was completed in 2019 onGreenback Lane and has been performing as expected.
This project is expected to begin in August 2023 and be completed by October 2023.
POLICY / RULE
Section 2.36.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $70,952 or greater shall be awarded by the City Council.
ANALYSIS
Public Works staff prepared the bid package, and the project was publicly advertised on May 1, 2023. On May 31,2023, the Public Works Department received the following bids:
o Central Valley Engineering & Asphalt
o B&MBuilders
o Martin Brothers Construction
o Dutch Contracting
o Mountain Cascade
$ 1,988,969
s 2,012,899
s2,273,355.70
$2,382,417.45
$ 2,520,473.40
The Engineer's Estimate for this project was $2,120,000. The Public Works Department has evaluated the bids received and recommends that the contract be awarded to the low-bidder, Central Valley Engineering & Asphalt, Inc.
The city received a letter from the Foundation for Fair Contracting (FFC), a nonprofit organization whose objective is to monitor compliance with prevailing wage laws pertaining to the construction industry. Their letter respectfully requests that Central Valley Engineering & Asphalt (CVE) and B&M Builders (B&M) bids be rejected due to previous labor compliance issues and lawsuits on projects with other agencies. Staff has reviewed the request and the specific incidents that the FFC is referencing, and based on those claims and the response letter from CVE, staff maintains our recoillmendation that the contract be awarded to CVE. Attached is a response letter from CVE for your review.
Staff will use the City's standard Construction Agreement in a form acceptable to the City Attorney.
2 Page 50
06/27/2023 Item No.7.
FINANCIAL IMPACT
The contract with Central Valley Engineering & Asphalt, Inc. would be authorized for $1,988,969 with the project budgeted for a total of $2,187,866 which will include a ten percent contingency amount of $198,897 for potential change orders.
Funds in the amount of $1,498,850 are budgeted and available in the Street Overlay/Pavement Management Project PW8017, utilizing SBI Road Maintenance and Rehabilitation Fund (Fund 235) andMeasure A (Fund 276).The additional funds of $690,016 are available in the Measure A Fund and will require an appropriation to the project.
ENVIRONMENTAL REVIEW
All items of work are categorically exempt from environmental review
ATTACHMENTS
l. Resolution No. 11057 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Blue Ravine Road Pavement Rehabilitation Fiscal Year 2022-23 Project PW8017 and appropriation of funds
2. Bid Advisory letter from the Foundation for Fair Contracting
3. Response letter from Central Valley Engineering & Asphalt Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
J Page 51
06/27/2023 Item No.7.
Attachment 1
Resolution No. II057
06/27/2023 Item No.7.
RESOLUTION NO. 11057
A RE,SOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION AGREEMENT WITH CENTRAL VALLEY ENGINEERING
AND ASPHALTO INC' FOR THE BLUE RAVINE ROAD PAVEMENT
REHABILITATION FISCAL YEAR 2022.23 PROJECT PW 8017 AND
APPROPRIATION OF FUNDS
WHEREAS, the City of Folsom desires to rehabilitate the existing pavement and overlay the asphalt on Blue Ravine Road between Prairie City Road and East Bidwell Street; and
WHEREAS, the project was publicly advertised, and the bids were received on May 3l,2023,with Central Valley Engineering & Asphalt being the lowest responsible bidder; and WHEREAS, funds in the amount of $1,498,850 are budgeted and available in the Street Overlay/Pavement Management Project PW8017; and
WHEREAS, an additional appropriation in the amount of $690,016 will be needed; and
WHEREAS, additional funds in the amount of $690,016 are available in the Measure A Fund (Fund 276); and
WHEREAS, the contract will be in a form acceptable to the City Attorney:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Blue Ravine Road Pavement Rehabilitation Fiscal Year 2022-23 Project PW 8017 in the amount of $1,988,969, with the budgeted amount to include a ten percent contingency for a total not-to-exceed amount of $2,187,866.
BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to appropriate $690,016 for this project from the Measure A Fund (Fund 276).
PASSED AND ADOPTED on this 27th day of June 2023, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Resolution No. 11057
Page I of2 Page 53
06/27/2023 Item No.7.
Rosario Rodriguez, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. I1057
Page2 of2 Page 54
06/27/2023 Item No.7.
Attachment 2
Bid Advisory leffer from the Foundation for Fair
Contracting
06/27/2023 Item No.7.
FFC
VIA EMAIL - [email protected]
June 12,2023
Ryan Chance
City of Folsom
50 Natoma Street
Folsom, CA 95630
RE BID ADVISORY
Bidders:
Awarding Agency:
Project:
FFC Case No.:
Central Valley Engineering & Asphalt lnc.
B&M Builders, lnc.
City of Folsom
Blue Ravine Rd. - Prairie City Rd./E. Bidwell St.
Pavement Rehabilitation FY 22-23
1577SAC
Dear Mr. Medina
The Foundation for Fair Contracting (FFC) is a nonprofit organization which has been serving the public interest since 1985. The objective of the FFC is to monitor compliance with prevailing wage laws pertaining to the construction industry, including informing and educating industry stakeholders. Unbalanced bids raise questions in regard to performance and compliance with the rules and regulations for the payment of prevailing wages, and the safety and well-being of the workforce. lt further opens the question of excessive future change orders, the fairness to and rights of other bidders in the bidding process, and the intent of the bidding process in general.
ln deference to all bidders and in order for the public interest to best be served, please enter this formal bid advisory against the above-noted contractors as a matter of public record. We respectfully request that Central Valley Engineering & Asphalt lnc. (Central Valley) and B&M Builders, lnc. (B&M) bids be rejected for the following reasons:
ONGOING VIOLATIONS OF PREVAILING WAGE LAWS RESULTING IN WAGE THEFT
CentralValley and B&M have numerous infractions/violations which have resulted in willful circumvention of the Laws and Regulations Governing the Payment of Prevailing Wages, including, but not limited to, violations resulting in wage theft and non- compliance with apprenticeship laws. Central Valley and B&M have engaged in this pattern of unlaMul activity on various public works prevailing wage projects. Civil Wage and Penalty Assessments have been issued to Central Valley and B&M by the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner's office. We have provided supporting documentation for your review.
Furthermore, Central Valley and B&M are currently under investigation by our offices in connection with issues provided below.
a
Misclassifications resulting in underpayments.
FOIJNDATION IJOR TAIR OONTRACI'INO
3807 Pa,sadcrra Aven0c, Suitc I 50 - Sacranrcnto, CA 9582 I (916) 4ri7-7871 - Irru (916) 487"0306
snnr: lfccal i frrrn i a. eonr
.l1lNr I.AR1RMANAG$lrlliNI lttt{)tt't' !@'26Page 56
06/27/2023 Item No.7.
Ryan Chance
City of Folsom
June 12,2023
' Failure to comply with overtime requirements.
' Failure to comply with apprenticeship requirements.
. Failing to report all workers on certified payrolls.
a trAII I IPtr TOCr)M V WITIJ EUN qDtrNI TINNS'I INtr AIEl f\.IIT'DtrTITI\'trFICA
ADVANTAGE
Central Valley and B&M have submitted bids below the Engineer's Estimate and in excess of 18o/o lower than all other bidders on this project. This commonly indicates a failure to account for the proper prevailing wage rate - including travel and subsistence lf awarded the project, change orders would be unavoidable in order to complete the project in accordance with the specifications without compromising prevailing wage laws/standards. This gives Central Valley and B&M an unfair advantage in their bidding practices against competitors and puts the City of Folsom into a precarious legal position.
a trAII I IEltr TA tv WITH rltr.'tElKtrrtElntr ntr\rtrl nD ND trr"lE lttn I a
APPRENTICESHIP PROGRAMS
Central Valley and B&M have not made a good faith effort to participate and invest in Local Workforce Development, nor have they participated in local hiring of workers in the community through formal and recognized pre-apprenticeship programs and formal apprenticeship programs for specific apprenticeable crafts. They have failed to request, employ, train, and pay the proper prevailing wages to apprentices.
UNSAFE WORK ENVIRONMENT / OSHA VIOLATIONS RESULTING IN FINES
ISSUED AND UPHELD
Central Valley and B&M have multiple safety infractions that have resulted in worker injuries leading to investigations and fines issued by OSHA. We have attached the detailed supporting documentation for your review.
a LITIGATION AND TE ATTORNEY GENERAL ACT PAGAI LAWSUITS Central Valley has history of PAGA related lawsuits filed with the State of California, brought forth from workers who have been victims of wage theft. Further, Central Valley has a history of private litigation resulting from unsafe work ethics. Private litigation and PAGA supporting documentation is attached for your review.
Please contact our office with questions, comments, or clarifications.
Sincerely,
3*A--6-
Jesse Jimenez
Executive Director
Case: 1577SAC
06/27/2023 Item No.7.
cc City of Folsom - Mayor and Councilmembers
Rosario Rodriguez - Email: [email protected]
YK Chalamcherla - Email: [email protected]
Sarah Aquino - Email: [email protected]
Mike Kozlowski - Email: [email protected]
Anna Rohrbough - Email: [email protected]
City of Folsom - Public Works Director
Mark Rackovan - Email: [email protected]
06/27/2023 Item No.7.
Gavin Nc*'son. (iovcrnor'
Labor (lomrrrissioner, Statc of (lalifolnia
Dcpartrucnt ol lnclusttial Relations
Divisiort ol- l.abor Standalris I':nlbrcenrent
BLrcau ol' ljiekl Infblcerrrent- I'ublic Wolks RECE1VED , in\tl
\\^l''f. i' ' '
Founda'tron
lor
TEL (s16) 263-6675
FAX: (916) 263-2906
l-fltt "--l)/\'l tl
liebruilrl'16 20lq
ln Rcply Rcfcr lo Case Noi
.10.53510
CIVIL WAGE AND PENALTY ASSESSMENT
Alrnrdrtg Bod)'
Citv o1'Sanla Cruz-lrrblic Works l)cDl.
\\'tyl I'erlirrtctl irr (irunt of
Sanla Cruz
l)roject Nanre
20 I 6 Srrrlhce Seal Proqraur
I'role(t No
0 I)rinrc C0ilrsclor
Telfer Palenrenl 'ltchnolouies. I .1 .('
Subaonlmclor
Cerrlral Valley Unsinccritrtt & Aslrhall Irrc.. r Cllilbrnia corporalion After an investigation conc€rniug either the payment of wages to wolkels employed in the execution of the contract fbr the above-narned public works project or cornpliance with the apprcnticeship standal'ds fcrund in Labol Code section 177'l .5, or hoth. the Division of l,abor Standards Enfbrcenrent (the "Division") has deterrnined that violations of the Califomia Labor Code have been conlnitted by the contlactor and/or subcontractor identified above. In accordance with Labol Code section 174 I, the Division hereby issues this Civil Wage and Penalty Assesstneltt.
The natule of the violations of the l-abor Code and the basis fbl the assesstrrent are as fbllows:
classilicalion bascd on cleterrrrinations NC-23-102-l-20l5-2 (lenrent Masons classilication bascd orr dctcnnination NC-?.3-203- | -20 l-5"3 ancl lirr lhe Orrclatinq F.nginccr classilication hasccl on cleternrination NC-23-63-l-201 5-2 in Santa Crrrz Countr'. Pulsuanl to l.C Scction I 775.thc pcnall), is assc-sscd at $80 nel violation
A pplcnticcship V io lalions: l.C Scct ion 1777 .5 |or lailule to suhnrit Public Wor{<s C'ontract Au'ald In lolrrralion (l)AS I 40) prior to thc stalt of the ploiect and ltet[rest lirr Dispa{clr ol'an Apprcrrticc ( l)AS I42) to all lcquilccl comnrittecs in lhc rrgion iuxl lirl tlilulc to crnDlol' lcouirccl annlcntices to meci lhc iouurcynrarr ratio lbr Latrot'ers. l'lsi neers arrtl Ccrncut Masorrs classitications. I)ursuanl L(' ScctiorrI777.7. Ihc trcnallt is asscsscrl nt $40 Dcl riolaliotr The attached Audit Sunrnrary turther details tlre basis for tlris Assessrnent and itetnizes the calculation of wages and penalties due uttdet' l-abol Code sections 1775 and lti 13. 'l'he Division has determined that tlre total atnount of wages duc is .$ r,368.70 The Division has detelrnined that the total anlount olpenalties assessed uncler l.abor Code sections 1775 and lB l3 is: $2,080.00 'fhe Division has deterrnined that the alnount of penalties assessed rrnder l,abor Codc section 1777"7 is: $3,960.00
ThcDivisionhasdeterminedthatthearnountofpenaltiesassesscdun(lel'Labol'Code section l776a.gainst *'entlal Valley Enginecring & Asphalt lnc., a Calitblnia corporatiot is $0.00 Plcase refer to pagc 5 for specific withholding obligations pertaining to these amounts.
S]'A]'E LABOR COM M ISSIONER
B
I)W.13 !{€esed.zrcr3'
Maria Mercado
Deputy Labor Comnrissioner I
06/27/2023 Item No.7.
Notice of Right to Obtain Review - Formal Hearing
ln accordance with Labor Code Section 1742, an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written lequesl to the office of the Labor Commissioner that appeam below within 60 days after service of the assessrnent.
To obtain a hearing, a written Request for Review must be transmitted to the following address:
State of Califomia - Labor Comrnissioner
Civil Wage and Penalty Assessment Review Office
PO Box 255809
2801 Arden Way
Sacramento, CA 95825
A Request for Review either shall clearly identiS, the Civil Wage and Penalty Assessment from which review is sought. including the date of the assessment, or it shall include a copy ol'the assessrnent as an attachment, and shall also set fotth the basis uport which the ossessment is being contested. ln accordance with L,abor Code section l'742,the conttactor or subconfi'actor shall be provided an opporlunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days of the Latror Commissioner's receipt of the written Request for Review.
Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section 1743, ln accordance with Labor Code section 1742(d), acertified copy ofa final ordermay be filed by the Labor Commissioner in fhe office of the clelk of the superior court in any county in which the affected contractor or subcontractorhaspropeftyorhasorhadaplaceofbusiness. Theclerk,irnrnediatelyuponthefiling,shallenter judgrnent for the State against the pelson assessed in the amount shown on the csrtified order. (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Meeting
In accordance with Labor Code section 1742,1(c).the Labor Commissiorrer shall, upon receipt of a request fr'om the affected contractor ot subcontractor within 30 days fbllowing the servic.e of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the opportunity to nreet with the Labor Comluissioner or his or her designee to attempt to settle a dispute regarding the assessrnent, The settlement meeting may be held in person ol'by telephone and shall take place before the expiration ofthe 60-day period fol seekirrg a hearing as .set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or atty adtuission rnade for the purpose of, in the course of, or purcuant to, the settlelnent meeting is admissible or subject to discovery in any adminislrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been rnade.
Requesting a settlement meetingo however, does not extend the 60:day period during which a formal hearing may be requested,
A written request to lneet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding this assessment rnust be transmitted to at the following address:
Maria Mercado
State of Califomia - Departtnent of Industrial Relations Division of Labor Standards Enforcement - Public Worl<s Unit 203 I Howe Avenue, Suite #100
Sacramento, CA 95825
Payment of Civil Wage and Penalty Assessment
Payment of the assessed wages and/or penalties must be rnade by check or money order payable to the Division of Labor Standards Enforcement and mailed to the following address along with a copy of this Civil Wage and Penalty Assesstttent:
State of California - Department of Industrial Relations Division of l,abor Standards Enforcement - Cashiering Unit 203.1 Howe Avenueo Suite #100
Sacramento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damages
ln accordance with Labor Code section 1742.1(a), after 60 days following the service of this Civil Wage and Penalty Assesslnent, the affected contractor. subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessrnent shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the assessment subsequently is overturned or modified after administrative orjudicial review, liquidated damages shall be payable only on fhe wages found to be due and unpaid. Ifthe contractor or subcontractsr demonstrates to the satisfaction of the Director of the Departrnent of lndustrial Relations that he or she had substantial grounds fbr believing the assessment or notice to be an error, the Director shall waive paymenl of the liquidated damages.
Notwithstanding the above, in accordance with Labor Code 1742.1(b), there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of lndustrial Relations, within 60 days following service of lhe Assesstnent or Notice, for the Departrnent to hold in escrow pending administrative and judicial review. 'Ihe Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such f'unds.
Deposits must be rnade by check or rnoney order payable to the Deparhnent of Industtial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of California - Departrnent of lndustrial Relations Division of Labot Standards Enforcement - Cashiering Unit P.O. Box 420603
San Francisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is: srJ68.7o (continued on next page)
06/27/2023 Item No.7.
Statutory Withholding Obligations
l. Awardlng Body Withholding Obligations
ln accordance with Labor Code section 1727(a), befbre rnaking payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts required to satisfi this Civil Wage and Penalty Assessment. l'he amount rcquired to satisfy this Civil Wage and Penalty Assessrnent shallnot be disbursed by the awarding body until receipt of a final oder that is no longer subject to judicial review.
The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is:
-. .. s 1,368.70
$2,080,00
$3,960.09
$0.00
$7,408.70
2. Prime Contractor Withholding Obligations:
In accordance with Labor Code section 172'l{b), ifthe awarding body has not retained sufficient money under the contract to sadsry this Civil Wage and Penalty Assessrnent based on a subcontractor's violations. the oontractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisfy rhe assessment and transf'er the rnoney to the awarditrg body. 'l'his amount shall not be disbursed by the awardilrg body until receipt of a final order that is no longer subject to judicial review. lf this box is checked, the Labor Commissioner hereby requests that the prirne contraclor withhold the following amount from money due the subcontractor and transfer the money to the awalding body to satisb, this assessment:
Wages Due;
Penalties Due Under t abor Code sections 1775 and i 8 I 3 Penalties Due Under L,abor Code section 1777,7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
Wages Due;
Penalties Due Under Labor Code sections 1775 and I 8l 3 Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776:
Total Witbholding Amount:
$ I ,368.70
$2,080.00
$3 960.00
$0.00
$7,408.70
Distribution:
Awarding Body
Surety(s) on Bond
Prime Contractor
Subconttactor
X
06/27/2023 Item No.7.
STATI] OItr CAl,IFORNIA
DEPARTMENI'OF INDUSTRIAL RELATIONS - DIVISION OF LABOI{ S'|ANDARDS ENFORCEMEN'I CERTIFICATION OF SERVICE I}Y MAIL
(C.C.P. 1013a) oR CERTIFIED MAIL
l, Maria Mercado , do hereby cefiily that I anr a resident of or employed in the County of Sacramento . over I I years of age, and not a party to tlre within actiou, and that I anr ernployed at and my business addrcss is
Division of Labor Standards Enforcement
Bureau of Field Enfbrcenrent
2031 Howe Ave. Suite 100
Sacrarnento, CA. 9582"5
On Febluary 26,2019 , I serued the within: Civil Wage and Penalty Assessment by placing a true copy thereof in an envelope addressed as follows City of Santa Cluz--l)ublic Works l)e;rt.
809 Ccntel Stlcct
Santa f:r'uz. Cn 95060
'l'ell'el Pavcmcnt'l'echnologies. Ll.('
P.O. Box 709
Maltincz. CA 94553
'l'eli'el Pavenrent Technologics. l,l,(i
2lI l:ilstelSlleel
Martinez. CIA 94553
'I'clt'cl llavenrenl Technologies. l,l,C
2829 l-akcland Dr.. Suhe 1502
,lackson.MS 93832
(l'l' (lorpot'ation S),s1enl
Agent lbl Scrr,icc; National Rcgistclcd
I I I liighth Avc. l3th liloor'
Neu,York. NY. l00l I
Central Vallcy Enginccling & Asphalt Inc.. a
Calitbln ia ct'rlpolation
2l(r l(cntny Lanc
Rosevillc, Cn 95678
Centlal Vallel, Enginccling & Asphalt Inc.. a
Califbrnia corpolation
Agent lbl Scrvice: Walrcn l-lolt
216 Kenlol,Lane
l{oscville. Cn 95678
Western Surctr, ('onrp'rnv
Agent tiil Scrvice: CT Corp. Systcnrs
Chicago. ll. (10606
and then sealing the envelope and with postage and certit'ied mail fees (if applicable) thereon lirlly prepaid, and then depositing it irr tlre United States nrail in Sacramento by:
Ordinary first class nrail
Certified mail
Registelecl rnail
I certify wrder penulty qf perjury thut the .foregoing is trne ond correct
26.2019 , ot Saclarnento , County of Sacramenlo , Calilbrniaon l'- fiu
SIGNATURE
STATE CASE NO
40-53520
PW 34 {*Lr!(n,r:,,,r'
X
x
06/27/2023 Item No.7.
Lnbor Conrmissioncr, Strtc of California
l)epaltment ot' lndustlial l{elations
l)ivision ol Labol Standalds Enlblr:entent
llureau olFickl Fhlbl'cenlent- Public Wolks
RECE\{?P
.' it\\i
.i .-'c
-
- 1o(
,,r,ji:::::,:,;;ino
car{ u-'
[drnrtnd Ci, Blorvn .lr'.. (]ovcruor
r)A t t:
Augusl I. l0 I 8
gqsAc lrt Rcply Relbr to Case No:
40-53 I 78
C]VIL WAGE AND PENALTY ASSESSMENT
A\$rdnrg Bodv
SacraDreDlo Srrlrurban Watcr Dislrict
l\\rork Perfornrql n) (ounly ol
I sn.,u,uanl,,
Pro.iecl Nailre
l0l6 Watel Selvice n srecnrcrl l;"'""
N"
Prinre Cortractor
Cenlral Vallcv Ensincerins & nsDhnll.
'nc..
a Cillilbrnio corporalitlt
SubcoDtrnclot
Centrnt Vallcv Enrincerins & AsDhall- 1ilc.. a Cdlifoilria corDor"tion After an investigation concerning eithel tlre payment of wages to workers employed in the execution of the contract for the above-narned public works project ol cornpliance with the apprenticeship standards found in l.abor Code section 1717.5, or both, the Division of Labor Standards Enforcemcnt (the "Division") has determined that violations of the Califolnia Labor Code have been committed lry the conffactol and/or subcontlactor identified abovc. ln accoldance with Labor Cocle section I 74 I , the Division hereby issues this Civil Wage and Penalty Assesstnent.
The nature of the violations of the Labor Code and the basis for the assessrnent ale as follows:
Wagc Violations:
ll.qr.rt fo, DisDat"h ofnn nDt,r"n
I'ursuant l,C Srction I777.7, thc Penalr,v is asqcsscd al S40 per violati0l.
The attached Audit Sunrrnaly lurther details the basis for this Assessntent and itenrizes the calculation of wages artd penalties due under Labol Code scctions 1 775 and I 8 1 3.
Thc Division lras deterrnined that the total atnount of rvagcs dtle is: $0.00 Thc Division has deternrined that the total arnount of pcnahies assessed undel L.abot'Code scctiorrs 177 5 and I 8 l3 is: Xi 1,76-5.00
The Division has delelmined that the amoullt of penalties assessed under Labor Code section l7l1 .7 is: $9,080.00
TheDivisionhasdetenninedthatthealllountofpenaltiesassessedundell,aborCodesection ITT6against rs: $0.00
Please refer to page 5 for specific withholding obligations pertaining to these amounts.
STATE LA BOR COMMISSIONEIT
By
aria Mercado
Deputy Labol Conrrnissioner I
PW 3J tn-r.o-ztmrrl
06/27/2023 Item No.7.
Notice of Right to Obtain Review - Formal Hearing
In accordance with Labor Code Section 1742, an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment.
To obtain a hearing, a written Request for Review must be transmitted to the following atldress:
State of Califomia - Labor Commissioner
Civil Wage and Penalty Assessment Review Of,fice
PO Box 255809
2801 Arden Way
Sacramento, CA 95825
A Request for Review either shall clearly identify the Civil Wage and Penalty Assessment frorn which review is sought, including the date ofthe assessment, or it shall include a copy of the assessment as an affachment, and shall also set forth the basis upon which the assessment is being contested. ln accordance with Labor Code section 1742,the contractor or subcontractor shall be provided an oppofiunity {o review evidence to be utitized by the Labor Commissioner at the hearing within 20 days of the Labor Commissioner's receipt of the written Request for Re view, Failure by a contractor or subcontpctor to submit a timely Requcst for Review will result in a final order which shrll be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment ofwages and a surety on a bond, Labor Code section t743.
In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Comrrrissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has properry or has or had a place of business. The clerk, irnrnediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Meeting
In accordance with l,abor Code section 1742.1(c), the Labor Commissioner shall" upon receipt of a request from the affected confi'actor or subcontractor within 30 days following the service of this Civit Wage and Penalty Assessrnent, afford the contractor or subcontractor the opportunity to meet with the Labor Comnrissioner or his or her designee to attempt to settle a dispute regarding the assessment. The settlement meeting may be held in person or by telephone and shall take place before the expiration ofthe 60-day period for seeking a hearing as set forth above underthe freading Notice of Right to Obtain Review. No evidence of anyrhing said or any admission made for the purpose of, in the course of, or pursuant to, the settlement nreeting is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a fonnal hearing, and a se$lement meeting may be requested even if a written Request for Review has already been made.
Requesting a settlement meeting, however, does not extend the 60-day period during which a formal hearing may be requested.
A writte{r request to meet with ttre Labor Comnissioner or his or her designee to attempt to settle a dispute regarding this assessment rnust be fransmitted to at the following address:
Maria Mercado
State of Califomia - Department of Industrial Relations Division of Labor'Standards Enforcement - Public Work Unit 2031 Howe Ave#100
Sacramento, CA 95825
Payment of Civil Wage and Penalty Assessment
Payment of the assessed wages anrUor penalties must be made by check or money order payable to the Division of Labor StandariJs Enforcement and mailed to the following address along with a copy ofthis Civil Wage and Penalty Assessment:
State of Califomia - Deparment of Industrial Relations
Division of Labor Standards Enforcernent - Cashiering Unit 203 I Howe Avenue, Suite # I 00
Sacramentoo CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damages
In accordance with Labor Code section 1742.1(a), after 60 days following the service of this Civil Wage and Penalty Assessment, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still renrain unpaid. If the assessment subsequently is overturned or modified after administrative orjudicial review, liquidated darnages shall be payable only on the wages found to be due and unpaid. lfthe contractor or subcontractor dernonstrates to the satisfaction of the Director of the Department of lndustrial Relations that he or she had substantial grounds for believing the assessment or notice to be an emor, the Director shall waive payment of the liquidated damages Notwithstanding the above, in accordance with Labor Code 1742.1'(b), there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the Assesstnent or Notice, for the Deparlment to hold in escrow pending administrative and judicial review. The Departrnent shall release such funds, plus any interest eamed, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds.
Deposits tnust be made by check or money order payable to the Departmentpf Industrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of California - Deparhnent of lndustrial Relations Division of Labor Standards Enforcement - Cashiering Unit P.O. Box 420603
San Francisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is: $0.00 (continued on next page)
06/27/2023 Item No.7.
Statutory Withholding Obligations
l Awarding Body Withholding Obligations
In accordance with Labor Code section 1727(a), before making payments to the contractor of money due under a contract for public work, the awarding body shatl withhold and retain therefrom all amounts required to satisfu this Civil Wage and Penalry Assessment, The amount required to satis$r this Civil Wage and Penalfy Assessment shalt not be disbursed by the awarding body until receipt ofa final order that is no longer subject tojudicial review.
The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is:
Wages Due:
Perralties Due Under Labor Code sections 1775 and l8l3:
Penalties Due Under Labor Code segtion 1777,7:
Penalties,Due Under Labor Code sections 1776:
Total Withholding Amount:
$0:00
$t 765.00
$e,080.00
$0.00
s10,845.00
2. Prime Contractor Withholding Obligations:
In accordance with Labor Code section 1727(b), ifthe awarding body has not retained sufficient money under the contract to satisfr this Civil Wage and Penalty Assessment based on a subcontractor's violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisfl/ the aisessment and transfer the money to the awarding body. This amount shall not be disbursed by the awarding body until receipt ofa final order that ii no longer subject tojudicial review I lf tnis box is checked, the Labor Commissioner hereby requests that the prime contractor ' withhold the following amount from money due the subcontractor and transfer the money to the awarding body to satisf, this assessment;
Wages Due:
Penalties Due Under Labor Code sections 1775 and l8l3
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
$0.00
$l 765.00
$9,080.00
$0.00
$10,845.00
Distribution:
Awarding Body
Surety(s) on Bond
Prirne Contractor
Subcontractor
06/27/2023 Item No.7.
STATE OF CALIFORNIA
DEPARTMENT OF INDUS'|RIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMENI"
CERTIFICATION OF SERVICE BY MAIL
(C.C.P. r013a) OR CERTIFIED MAIL
Maria Mercado , do hereby certify that I ant a resident of or employed irr the County of Sacramento , over I 8 years of age, and not a party to the within action, and that I am employed at and my business address is:
Division of Labor Standalds Enforcernent
Bureau of Field Enlorcement
2031 l-lowe Ave. Suite 100
SacLamento, CA. 95825
On August l, 2018 , I served the within (1) Civil Wage and Penalty Assessmerrt by placing a true copy thereof in an envelope addressed as follows Sacramento Suburban Water District
3701 Marconi A
-s-v-rt-q L9-9---.--. -
Sacrarnento, CA 95821
and then sealirig the envelope and with postage and certified rnail fees (if applicable) thereon fully prepaid, and then depositing it in the United States mail in Sacramento, by:
Ordinary first class mail
Certified rnail
Registered rnail
I certify unrler penalty t1f perjury thnt the.foregoing is tue unrl corect Executed on August l.20ltl , ?t Sacmmento , County of Sacratneuto .llr.*-
TURE
S]'ATE CASE NO
40-53t78
Central Valley Engineering & Asphalt, lnc.,
*- 9- -el if-qn ie- -se !?e-rel-rel-- - - " --
ACENT FOR SERVICE
ATTN: Warren l{olt
216 Kenroy Lane
Roseville, CA 95678
Cerrtral Valley Engineering &
Cal iforrri
l6 Ken Lane
Roseville cA 95678
PW 34 (11.\i{! i/2do2i
{)
, California
06/27/2023 Item No.7.
l,abor (lornmissioner, State of Califoruia
Depaftrnent of lndustlial Relations
Division of Labor Standalds Enforcentent
Bulcau of F'ield Hnfolcerncnt- I)ublic Works
2031 Horve Ave #100
Sacramento, CIA 95825
TEL: 9916) 2(t3-6615 FAX: (916) 263-2906
Etlnrund G. Brorvn Jr'.. Ciovcrnor
DATE
Jailuala 25- 20 | 8
ln Repl1, l{efcr to Case No:
40-532 r 8
D
AMENDED CIVIL WAGE AND PENALTY ASSESSMENT
Alter an investigation concerning either the payment of wages to workerc employed in the execution of the contract for the above-narned public works project or colnpliance with the apprenticeship standards found in l-abor Code section 1777,5, or both, the Division of Labor Standards Enforcetnent (the "Division") has determined that violations of the California Labor Code have been cornrnitted by the conh'actor and/or subcontlactor identified above. In accordance with Labor Code section 174 I, the Division hereby issues this Civil Wage and Penalty Assessrnent.
The nature of the violations of the Labor Code and the basis for the assessrnent are as follows:
Wage Violations: Violntion of Lahor Codc (LC) Scction 1774 tor failure to pnv the prevailing rvagc pursuant to detcrnrination NCI-23-63-t-2015-l for the classifications of Onelatirq in Sacranrcnto Countv. Pulsrnnt to l,abor (]ode Sertinn l?75. ') t| ":!/ {ll'}
iorr ior
ng
ofElk Grove
Bodv Worl Perfornred in Coutrtyof
Prcject No.
Fou
Conlractor
& lnc. a Calilomia
to thc
the nennlly is asscsscd nt $10 pel violation.
Apprenticeship Violations: violatiotr of l,C Scction l?77.5 for failnrc to submil Publi( Works Contract r\rvflrd ltrfonnation (l)AS 140) to the for thc
Pursuant L(: Sectiotrl777.7, thc Denalty is assessed at $40 pcr vlolation.
The attached Audit Summary f'urther details the basis for this Assessment and iteniizes thc calculation of wages and penalties due under Labor Code sections I 775 and I 8 I 3.
The Division has deterrnirred that the total atnount of wages due is: $23.31 The Division has determined that the total alnount of penalties assessed under Labor Code sections 1775 and l8t3 is: $100.00
The Division has detennined that the arnount of penalties assessed under Labot Code section 1777.7 is: $2,280.00
The Division has determined that the arnount of penalties assessed under Labor Code section 1776 against Central Valley Engineering & Asphalt. lnc., a Califbrnia corporatir is: $0.00 Please refer to page 5 for specific withholding obligations pertaining to these amounts.
STATE I,ABOR COMM ISSIONER
c
aria Mercado
Deputy Labor Commissioner I
PW 33 18oui.d-zat3)
06/27/2023 Item No.7.
Notice of Right to Obtnin Review - Formal Hearing
ln accordance with Labor Code Section 1742, an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the ofTice of the Labor Comrnissioner that appears below within 60 days after service of the assessment.
To obtain a hearing, a written Request for Review must be transmitted to the following address:
State of California - Labor Commissioner
Civil Wage and Penalty Assessment Review Office
PO Box 255809
2801 Arden Way
Sacramento, C495825
A Request for Review either shall clearly identify the Civil Wage and Penalfy Assessment from which review is sought, including the date ofthe-assessment, or it shall include a copy ofthe assessment as an attachment, and shall also set forth the basis upon which the assessment is being contested. ln accordance with Labor Code section 1742,the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days of the Labor Commissionefs receipt of the written Request for Review.
Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages rnd a surety on a bond. Labor Code section. I 743.
In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor ot subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgnent for the State against the person assessed in the arnount shown on the certified order. (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Merting
ln accordance with Labor Code section 1742.1(c), the Labor Commissioner shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the opportunity to meet with the Labor Comrnissioner or his or her designee to attempt to settle a dispute regarding the assessment. The settlement meeting may be held in person or by telephone and shall take place before the expiration ofthe 60-day period for seeking a hearing as set forth above underthe heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose ofl, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. This oppor-tunify to timely request an infomal settlement meeting is in addition to the right to obtain a formal hearing and a settlement meeting may be requested even if a written Request for Review has already been made.
Requesting a settlement meeting, how€ver, does not extend the 60day period during which a formal hearing may be requested.
A written request to meet with the Lnbor Commissioner or his or her designee-to attempt to settle a dispute regarding this assessment must be transmitted to at the following address:
Maria Mercado
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Public Works Unit 2031 Howe Ave #100
Sacramento, C495825
Payment of Civil Wage and Penalty Assessment
Payment of the assessed wages and/or penalti€s must be rnade by check or money order payable to the Division of Labor Standards Enforcement and mailed to the fbllowing address along with a copy ofthis Civil Wage and Penalty Assessrnent:
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit 2031 Howe Avenue, Suite # 100
Sacmmento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damages
In accordance with Labor Code section 1742.1(a), after 60 days following the service of this Civil Wage and Penalty Assessment, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the bssessment subsequently is overturned or modified after administrative or judicial r€view, liquidated damages shall be payable only on the wages fbund to be due and unpaid. [fthe contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages.
Notwithstanding the above, in accordance with Labor Code 1742.1(b), there shall be no liability for liquidated damages if the full amount of the assessment or irotice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the Assessment or Notice, for the Department to hold in escrow pending adrninistrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds.
Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of Califomia - Department of lndustrial Relations Division of Labor Standards Enforce.ment - Cashiering Unit P.O. Box 420643
San Francisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is: $23.37 (continued on next page)
06/27/2023 Item No.7.
Statutory Withholding Obligations
l. Awarding Body Wiihholding Obligations
In accordance with Labor Code section 1727(a), before making payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain therefrom allarnounts required to satisft this Civil Wage and Penalty Assessment, The amount required to satisry this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt ofa final order that is no longer subject to judicial review.
The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is:
$23,37
t00.00
$2,280.00
$0.00
$2,403.37
2. Prime Contractor Withholding Obligations:
ln accordance with Labor Code section 1727(b), if the awarding body has not retained sufficient money under the contract to satisry this Civil Wage and Penalty Assessment based on a subcontractor's violations, the contractor shall, upon the requ€st of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisfy the assessment and transfer the monoy to the awarding body. This amount shall not be disbursed by the awatding body until receipt ofa final order that is no longer subject tojudicial review.
If this box is checked, the Labor Commissioner hereby requests that the prime contractor withhold the following amount flom money due the subcontractor and transfer the money to the awarding body to satisf, this assessment:
Wages Due:
Penalties Due Under Labor Code sections I 775 and I 8 I 3:
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
$23.37
$4s0.00
$2,280.00
$0.00
$2,753.37
Distribution:
Awarding Body
Surety(s) on Bond
Prime Contractor
Subcontractor
Wages Due:
Penalties Due Under Labor Code sections 1775 and l8l3
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections | 776:
Total Withholding Amount:
x
06/27/2023 Item No.7.
S]'ATE OF CALIFORNIA
DEPARTMI]NT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR S'I'ANDARDS ENFORCEMENT
CBRTIFICATION OF SERVICE BY MAIL
(C.C.P. l0l3a) OR CBRTIFIBD MAIL
I, Maria Mercado , do hereby cefii8/ that I anr a resident of or ernployed in the County of Sacl'amento , over' l8 years of age. and not a pafty to the within action, and that I arn ernployed at and nry business address is
Divisiorr of Labor Standards Enfolcement
Bureau of Field Enfolcement
2031 HoweAve. Suite 100
Sacrarnerrto, CA. 95825
On January,25,20l8 , I sen,ed the r.vitliin: (l) Civil Wage and Penalty Assessment by placing a true copy thereof in an envelope addlessed as follows Central Valley Engineerirrg &
4w.!:g['..bt,,-l---c-eJt-&g jg-9-9r]9,--q!r-g-rt-
?.1 -0. -S-qs g.v--L-eLe-
- --- - - -- - - - -. -
.ts-o-r g-vr]l":,.9-$-.?J q-? P- -
and then sealing the envelope arrd with postage and certilied mail fees (if applicable) thereon fully prepaid, and then depositing it irr the United States mail in Sacrarnento by:
Ordinary fir'st class mail
Certified mail
Registered nrail
I certify mrrler penulty qf perjury thut the foregoing is true utd coffect Executed on .lanualy 25. 20ltl , at Saclamento ', County of Sacranrento , California
SIGNATURE
STATE CASE NO,
40-s32 r 8
'Ihe Cualantee Cornpany of North America
USA
ViTTN vlerlA
I w8 7th 9 03Sui te
Los cA 90017
8401 l-agLrna Palms Way
EIK G cA 95758
Ci of Elk Crove
X
X
PW 34 rll.!,\l - rlurl r Page 76
06/27/2023 Item No.7.
Labor Comnrissioncr, State of California
Dcpaftlncnl of lnclustrial Relatiorrs
Division ol Labor Standalds Enlolcernent
Buteau oi Fieltl Enibrcerncnt- l)ublic Works
2031 llorve Avcnuc. Suitc #100
Sactarneuto. CA 9582-5
'l'til.: (916) 263-667 5
eq
fuA,t ,
,'n*,UrrU@
ldmund C. Blown Jr'.. Ciovernol
DI\TEI
March 20. 20 I 7 5Bt 3A
ln Rcpll' Rel'eL lo Casc No:
4()-535(r0
CIVIL WAGE AND PENALTY ASSESSMENT
AtvardinB Body
Cifv nf llrerlwood
lWork
''erlbrilcd
n ( ouilr! of
lCoiltra Costa
Prcj*r Nsnre
201 5 PMP Balt'our Road Overlav
lPrqecr No
lo
Prirnc Colxaalor
ccnlral Vallcv Ensinccrina & n sDhalt lnc.. B Calilbrnia corDolalion Subcoil$aclor
('entral Vallcv Enrinccrinr & Asollalt lnc. n calilbmia cornoralion Aflcr an irrvestigation cotcerniog either the payrrent of wages to worl(ers ernployed in the execution ol'the contract for the above-narned public works project or compliance with the apprenticeship standards found in Labor Code section 1777.5, or both, the Division of Labor Standalds Enfbrcement (the " Division") has detennined that violations of the California Labor Code have been cotnmitted by the contractor and/or subcontractor identified above. ln accordance with Labor Code section 174 l, the Division heleby issues this Civil Wage and Penalty Assessntent.
The nature of the violations of the Labol Code and the basis for the assessntent at'e as follows:
Wagc Violations: Central Valley Engineering & Asphalt lnc. violated Labor Code 1774 pulsuant to the general prevailing wage detel'rxinations: NC-23- 102- l-20 l5- I , NC-23-63 I -201 5- I, NC 23-203-t -201 5-l for the classifications of Laboler. Operator and Centent Mason Affectecl contractor did not pay lbr corxpensable travel tirne.
Apprenticeship Violalions; Contractor did not nreet the required ip ratio l'or the classification of Laborel and Cernent Mason.
l"he attached Audit Surnrnary firrthel details the basis for this Assessrnent and iternizes the calculation of wages and penalties due under Labor Code sections I 775 and I 8 I 3.
The Division has determined that the total alnount of wages due is: $7,291.32 'l-he Division has delcrntined that thc total atnount of penalties assessed undel Labor Code sections lr775 and l 8 l 3 is: $4,650.00 The Division has deterrnined that the anloullt of penalties assessed under Labor Code scclion l'177.'7 is: $980.00
The Division has detelmined that the alrount of penalties assessed undet' Labor Code section 1776 against rs: $0.00
Please refcr to page 5 for specific withholding obligations pertaining to these amoutrts.
S'I'A'| E LABOR COMM ISSIONI]R
{<t
Maria Mercado
Deputy Labor Cornnrissioner I
PW J-l iReisd' 7/2013r
06/27/2023 Item No.7.
Notice of Right to Obtain Review - Formal Hearing
In accordance with Labor Code Section 1742, an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment.
To obtain a hearing a written Request for Review must be transmitted to the following address:
State of Califomia - Labor Commissioner
Civil Wage and Penalty Assessment Review Office
PO Box 255809
2801 Arden Way
Sacramento, CA 95825
A Request for Review either shall clearly identiS the Civil Wage and Penalty Assessment from which review is sought, including the date of the assessment, or it shall include a copy of the assessment as an attachment, and shall also set forth the basis upon which the assessment is being contested. In accordance with Labor Code section 1742,the conftactor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days of the Labor Cornmissioner's reccipt of the written Request for Review.
Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respectto the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section I 743, In accordance with Labor Code section l'142{d), a ce$ified copy ofa final order rnay be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Meeting
ln accordance with Labor Code section 1742.1(c), the Labor Commissioner shall, upon receipt of a request from the affected contractor or subcontractor witlrin 30 days following the service of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the oppoftunity to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding the assessment. The settlement meeting may be held in person or by telephone and shall take place before the expiration ofthe 6Gday period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to tirnely request an informal settletnent meeting is in addition to the right to obtain a format hearing, and a settlement meeting may be requested even if a written Request for Review has already been made.
Requesting a settlement meeting, however, does not extend the 60-day period during which a formal hearing may be requested.
A written request to meet with the Labor Comrnissioner or his or her designee to attempt to $sttle a dispute regarding this assessment must be transmitted to at the following address:
Maria Mercado
State of California - Departrnent of lndustrial Relations Division of Labor Standards Enforcement - Public Works Unit 203 I Howe Avenue, Suite # 100
sacramento, cA 95825
Payment of Civil Wage and Penalty Assessment
Payment of the assessed wages and/or penalties must be made by check or money order payable to the Division of Labor Standards Enforcement and mailed to the following address along with a copy of this Civil Wage and Penalty Assessment; State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit 203 1 Howe Avenue, Suite # 100
Sacramento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damages
ln accordance with Labor Code section 1742.1(a), after 60 days fcllowing the service of this Civil Wage and Penalty Assessment, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. lf the assessment subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. lf the conhactor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an effor, the Director shall waive payment of the liquidated damages.
Notwithstanding the above, in accordance with Labor Code 1742.1(b), there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the Assessment or Notice, for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest eamed, at the conclusion of all adrninistrative andjudicial reviewto the persons and entities who are found to be entitled to such funds.
Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of Califomia - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit P.O. Box 420603
San Francisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is: s7,291.32 (continued on next page)
06/27/2023 Item No.7.
Statutory Withholdin g Obligations
l. Awarding Body Withholding Obligations
ln accordance with Labor Code section 1727(a), before rnaking paynents to the contractor ofmoney due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts required to satisfy this Civil Wage and Penalty Assesslnent. The amount required to satis! this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to .iudicial review.
The amount which must be wilhheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is:
... p?,zetlL
$4,650.00
---TesoJo
$0.00
$t2,921.32
2. Prime Contractor Withholding Obligations:
In accordance with Labor Code section 1727(b), ifthe awarding body has not retained sufficient money under the contract to satisfi this Civil Wage and Penalty Assessrnent based on a subcontractor's violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisff the assessment and transfer the rnoney to the awarding body. This arnount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
If this box is checked, the Labor Commissioner hereby requests that the prime contractor withhold the following amount from money due the subcontractor and transfer the money to the awarding body to satis$/ this assessment:
Wages Due:
Penalties Due Under Labor Code sections I 775 and I 81 3 Penalties Due Under Labor Code section l'777.7:
Penalties Due Under Labor Code sections l7?6:
Total Withholding Amount:
Wages Due:
Penalties Due Under Labor Code sections 1775 and l813
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
-. ..- $7,2y:3.2.
$4,650.00
$980.00
$o'oo
s12,921,32
Distribution:
Awarding Body
Surety(s) on Bond
Prime Contractor
Subcontractor
X
06/27/2023 Item No.7.
Labor Conrmissioncr, Stltc ol' Culilbruin
Deprrtruent of Industrial I{clations
Division of Labor Standarcls Enlorccnrcrtt
llurcaLr of Field Enflorcenrent- Public Wr:rks
203 I llorvc Avenuc. Suitc #t00
Sacraurento, CA 95825
TEL: (9l6) 263-2901 FAX: (916) 263-290(t
Ildnrund G. Blorvn Jr., Goverrror
DATE:
lenrrrru ?? 20 I 7 IlqlsM-
In Reply Relbr to Case No:
40-53363 tltrcH\/F
Awnding Body
Sacrarrrcnto Mctrooolitan Firc District
Worft Perfomrcei in County ol
Sacranlento
Projeci Nan)e
ST50-S1'5 l -ST53-S l'5,1-STfr 1 -STfr3-Asolralt Reonit l;(1t lllflailxrrll
r;.^ir fir ''Ii li ;;t
Prcject No.
33246
Painle Contrrclor
Cellnl Vallev Encinccrinu & Asplralt. lnc.. A Calilbnria Conrorntion Silbcoltrmlor
CIVIL WAGE AND PENALTY ASSESSMENT
{ct;
Altel an investigation concelring either the paymellt olwages to wot'kers employed in the execution of the conh'act for the above-narned public lvorks project or cornpliance with the apprenticeship standards found in Labor Code section l'77'l .5, or both, the Division of Labor Standalds Enforceutent (the "Division") has detennined that violations of the California Labor Code have been committed by the contractor and./or subconfi'actor identifled above. In accoldance with Labor Code section i741, the Division hereby issues tbis Civil Wage and Penalty Assessrnent.
The nature of the violations of the Labor Code and the basis for the assesstnent are as follows:
Wage Violations: Violated Labor Code Section 1774 for failure to pay the conect plevailing wages pLrrsuant to the Director's Ceneral Prevailing Wage DeterrninStion 2015-2 for Labgrer and Operating En.qineer. Failed to pay fringe beneflts.
Applenticeship Violations:
The attaclred Audit Surnmary furlher details the basis for this Assessnrent and iternizes the calculation of wages and penalties due uuder Labor Code sections 1775 and 1813.
l'he Division has deter-uliued that the total alnoullt of wages due is $2,414.66 The Division has detemrined that the total anrount olpenalties assessed uuder Labor Code sections l775and l8l3 is: $2 475.00
'lhe Division has deternrined that the arnourlt of penalties assessed under Labor Code section 1777.7 is: $0.00
Thc Division has determined that the amount of penalties assessed rurder Labol Code section 1776 against Central Valley Engineering & Asphalt. lnc,. A California Corporat is: $0.00 Please refer to page 5 for specific rvithholcling obligations pcrtaining to these amounts.
S'I'ATE LABOR COMMISSIONER
By
J McClain
Depufy Labor
PW 3J (Rovis.d-?mr!)
issioner I
Page I of 5
lill
06/27/2023 Item No.7.
Notice of Right to Obtain llevicw - Formal Hearing
In accordance with Labor Code Section 1742, an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the office of the Labor Commissioner that appears below rvithin 60 days after service of the assessr-nent.
To obtain a heariug, a written Request for Review must be transmitted to the follorving address:
State of California - Labor Commissioner
Civil Wage and Penalty Assessment Review Office
PO Box 255809
2801 Arden Way
Sactamento, CA 95825
A Request for Review either shall clearly identiff the Civil Wage and Penalty Assessment from which review is sough! including the date of the assessment, or it shall include a copy of the assessment as an attachment, and shall also set forth the basis upon which the assessment is being contested. In accordance with Labor Code section 17 42, the contmctor or subcontractor shall be provided an oppottunity to review evidence to be utilized by the Labor Cornrnissioner at the hearing within 20 days of the Labor Commissioner's receipt of the written Request for Review.
Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding compnny issuing a bond that secures the payment of,rvages and a surety on a bond, Labor Code section 1743.
In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of tlte superior court in any county in whjch the affected contractor or subcontractor has property or has or had a place of business. The clerk, imrnediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the cenified order. (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Meeting
In accoldance with Labor Code section 1742.1(c), the Labor Comrnissioner shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the opportunity to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding the assessment. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60-day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidertce of anything said or any admission made for the purpose of, in the course of or pursuant to, the settlemetrt meeting is admissible or subject to discovery in any administrative or civil proceeding, This opporhrnity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a seftlement meeting may be requested even if a written Request for Review has already been made.
Ilequesting a settlement meeting, however, does not extend the 60-day period during which a formal hearing mny be requested.
A written request to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding this assessment must be transmitted to at the followilrg address:
Jerry McCIain
State of California - Department of fndustrial Relations Division of Labor Standards Enforcement - Public Works Unit 2031 Howe Avenue, Suite #100
Sacramento, CA 95825
Payrnent of Civil Wage and Penalty Assessment
Payment of the assessed wages and/or penalties must be made by check or money order payable to the Division of Labor Standards Enforcement and rnailed to the following address along with a copy of this Civil Wage and Penalty Assessment:
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit 2031 Howe Avenue, Suite #100
Sacramento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damages
In accordance with Labor Code section 1142.1(a), after 60 days following the service of this Civil Wage and Penalty Assessment, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wagss covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the assessrnent subsequently is overturned or modified after adrninistrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. [f the contractor or subcontractor demonstrates to the satisfaction of the Director of the Departrnent of Industrial Relations that he or she had substantial grounds for believing the assessrnent or notice to be an error, the Director shall waive payment of the liquidated damages, Nofwithstanding the above, in accordance with Labor Code 1742.1(b), there shall be no Iiability for liquidated damages if the fiill amount of the assessment or notice, including penalties, has been deposited with the Department of Indushial Relations, within 60 days following service of the Assessment or Notice, for the Department to hold in escrow pending adrninistrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds.
Deposits must be made by check or money older payable to the Departmenl of lndustrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of Califomia - Depaftment of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit P.O. Box 420603
San Francisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is: 52,414.66 (continued on next page)
06/27/2023 Item No.7.
Statutory Withholding Obligations
l. Arvarding Body Withholding Obligations
In accordance with Labor Code section 1727(a), before making payments to the contractol of money due under a confraat for public work, the awarding body shall withhold and retain therefrorn all amounts required to satisry this Civil Wage and Penalty Assessment. The arnount required to sadsry this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
The amount which must be withheld and retained by the awarding body pursuant to this Civil lVage and Penalty Assessment isl
$2,4t4,9.L
$2,475.00
$0.00
$0.00
$4,889.66
2. Prime Contractor Withholding Obligations:
In accordance with Labor Code section 1721(b), if the awarding body has not retained sufficient money under the contract to satisfu this Civil Wage and Penalty Assessrnent based on a subcontractor's violations, the contractor shall, upon the request of the Labor Cornmissioner, withhold sufficient money due the subcontractor under the contract to satisfr.the assessment and transfer the money to the awarding body. This amount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
If this box is cheched, the Labor Commissioner hereby requests that the prime contractor withhotd the following amount from money due the subcontractor and transfer the money to the awarding body to satisfy this assessment;
Wages Due:
Penalties Due Under Labor Code sections 1775 and 1813
Penalties Due Under Labor Code section 1777.l:
Penalties Due Under Labor Code sections 1776;
Total Withltolding Amount:
Wages Due:
Penalties Due Under Labor Code sections 1775 and l813:
Penalties Due Under Labor Code section 1771 .7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
s2,414.66,
$2,475.00
$0.00
$o.oo
$4,889,66
Distribution
Awarding Body
Surety(s) on Bond
Prirne Contractor
Subcontractor
x
06/27/2023 Item No.7.
STATE OF CALIFORNIA
DEPARTMENI'OF'INDUSTRIAL REI.ATIONS - DIVISION OF LABOR STANDARDS I]NFORCEMENT
CIRTIFTCATION OF SBRVICE BY MAIL
(C.C.P. 10134) oR CERTIFIED MAIL
T, Jerry McClain , do hereby ceftify that I arn a resident of or employed in the Cor.rnty of Saclamedto , over l8 years of age, and not a party to tlre within action, and that l am errrploycd at and my business address is
Division of Labor Standards Enforcement
Bureau of Field Enfbrcernent
2031 Howe Ave. Suite 100
Sacramerrto, CA. 95825
Orr Janualy 27 ,201'7 , I served the within (1) Civil Wage and Penalty Assessrnent by placing a true copy thereofin an envelope addressed as follows; Sacramento Metropol itau Fi re DistLict
10545 Annstrong Avenue, SLlite 200
Mather, CA 95655
Matthew Davies
Central Valley Engineering & Asphalt, Inc.,
4-9--e1il-qnrs--c-g-tp-qel-ea
216 Keruoy Lane
Roseville, CA 95678
Warren Gilbert Holt
The Cuarantee Company of North America
USA
818 W Tth Street, Suite 930
cA 900i7
Vivian iur al
Foundation for Fair
3807 Pasadena AvenLte, Suite 150
Sacramento cA95821
anc'l then sealing the envelope and r,vith postage arrd certified mail fees (if applicable) thet'eon fully prepaid, and then depositirrg it in the United States mail in Sacramento by:
Ordinary first class mail
Certified mail
Registered mail
I certify uniler pennltl, of perjilry thut tlre foregoilg is true tnd correct Executed on January 27,2017 , Bl Sacramento , County of TURE
X
X
STATE CASE
40-53363
PW 34
Sacramento , Californta
06/27/2023 Item No.7.
Lrtbol Clonrnrissione r, Stutc of Ctlil'olnil
Dcplrltrucrtt ol lrrdustlial llelatirtrts
Divisiou ol' Labor SLandards []nfbrccrnent
Bulcau of l:ield EnlblcemcnG Public Wolks
203 I l-l0rre Avcnuc, Suitc #100
Sacramento, CIA 95325
'fEL: (916) 263-2901 F,,\X: (916) 263-2906
Il.dntund G. Brrlvn Jr., Covelnor'
,lagR r>
t)A t u:
Jaruarv 27.201?
ln Reply Relcr to Case No:
40-.53365
CIVIL WAGE AND PENALTY ASSESSMENT
{or
After an investigation concerning either the paylllerlt ol'wages to worlcers employed in the execution of the contract for tlie above-nanred public works ploject or compliance with the apprenticeship standards found in Labor Code section 1777.5, or both, the Division of Labor Standards Enlolcernent (the "Division") has determined that violatior.rs of the Califot'nia Labor Code have been committed by the contlactor and/or subconfi'actor identified above. In accordance with Labor Code section 1741, the Division hereby issues this Civil Wage and Penalry Assessment.
The nature of the violations of the Labor Code and the basis for the assessrnent al'e as follorvs:
Wage Violations: Violated Labol Code Section 1774 for failure to pay the correct prevailing wages pursuant to the Dircctor's General Plevailins Wase Deterrnination 20 I 5- I tbr tlre classifications of Cernent Bod_v
Placer
l)erforrrred in County of
Nanre
lt'
A Calitbntia
Contructor
&
Mason. Laborer and Operatins Ensineer. Failed to pav tii"nge benefits.
Applenticeship Violations:
"Ihe attached Ar"rdit Surnrnary further details the basis for this Assessment and iternizes the calculation of wages and penaltics due under Labol Code sections 1775 and I I 13.
The Division has deterniined that the total arnount olwages due is $20,930.95 The Division has deterrn ined that the total amount of penalties assessed under Labor Code sections 1775 and l8l3 is: $12,205.00
The Division has determined that the anrouut of penalties assessed under Labor Code section 1777.7 is: $0.00
'fhe Division has determined that the amouut of penalties assessed under Labor Code section I 776 against Centlal Valley Engineering & Asphalt. Inc.. A California Colporat is: $0.00 l'leRse refcr to page 5 for specific rvithholding obligations pertaining to these arnounts.
STATE LABOR COMMISSIONER
,rQ- 0t{w ruictaif
Deputy Labor Commissioner I
PW 3J tR.vs.d . ?mr3'
06/27/2023 Item No.7.
Notice of Right to Obtain Revierv - Formal Hearing
ln accordance lvith Labor Code Section l742,an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment.
To obtain a hearing, a writfen Request for Review must be trnnsmitted to the follorving address:
State of California - Labor Commissioner
Civil Wage and Penalfy Assessrnent Review Office
PO Box 255809
2801 Arden Way
Sacramento, CA 95825
A Request for Review either shall clearly identify the Civil Wage and Penalty Assessment from which review is sough! including the date of the assessment, or it shall include a copy of the assessment as an attaclunent, and shall also set forth tlre basis upon which the assessment is being contested. In accordance rvith Labor Code section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days o[the Labor Commissioner's receipt of the written Request flor Review, Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order rvhich shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the paymcnt ofwages and a surety on a bond. Labor Code section l?43.
In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Cornrnissioner in the office of the clerk of the superior gourt in any counfy in which the affected contractor or subcontractor has ploperty or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Meeting
In accordance with Labor Code section l'742.1(c), the Labor Comnrissioner shall, upon receipt of a request from the affected contractor ol subcontractor within 30 days following the selvice of this Civil Wage and Penalty Assessment, aff,ord the contractor ol'subcontractor the opportunity to meet with the Labor Commissioner or his ot' her designee to attempt to settle a dispute regarding the assessment. The settlement meeting may b€ held in person or by telephone and shall take place before the expiration of the 60-day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlerrrent meeting may be requested even if a writttin Request for Review has already been made.
Requesting a settlement mecting, however, do€s not extend the 60-day period rluring which a formal hearing rnay be requested.
A written request to meet with the Labor Cornmissioner or his or her designee to attempt to settle a dispute regarding this assessment must be transmitted to at the following address;
Jerry McClain
State of, California - Department of Industrial Relations Division of Labor Standards Enforcernent - Public Works Unit 203 t Howe Avenue, Suite #100
Sacramento, CA 95825
Payment of Civil Wage and Penalty Assessment
Payment of the assessed wages and/or penalties nrust be made by check or money order payable to the Division of Labor Standalds Enforcernent and mailed to the following address along with a copy of this Civil Wage and Penalfy Assessment:
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit 203 I Howe Avenue, Suite #100
Sacrarnento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damnges
In accordance with Labor Code section 1742.1(a), after 60 days following the service of this Civil Wage and Penalty Assessment, the af'fected contractor, subcontractor, and surety on abond or bonds issuedto secure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the assessment subsequently is overturned or modified after adrninistl'ative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. Ifthe contractor or subconttactor demonstrates to the satisfaction of the Directol of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Direc.tor shall rvaive payment of the liquidated damages.
Notwithstanding the above, in 'accordance with Labor Code 1742, I (b), there shnll be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the Assessment or Notice, for the Deparlment to hold in escrolv pending administrative and judicial review. The Department shall release such fuuds, plus nny interest eamed, at the conclusion of all adrninistrative and judicial review to the persons and entities who are found to be entitled to such funds.
Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of California ' Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit P.O. Box 420603
San Francisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is: $20,930.95 (contirrued on next page)
06/27/2023 Item No.7.
Statutory Withholding Obligations
l. Awarding Body Withholding Obligations
In accordance with Labor Code section 1727(a), before making payments to the contractor of money due under a contmct for public work, tlre awarding body shall witlrhold aud retain therefrom all amounts required to satisfy this Civil Wage and Penalty Assessment. The amount required to satisSr this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage nnd Penalty Assessment is:
Wages Due:
Penalties Due Under Labor Code sections 1775 and 1813
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
$20,930.9s
$l 2,205.00
$0.00
$0.00
$33,135.95
2. Prime Contractor Withholding Obligations:
In accordance with Labor Code section 1727(b), if the awarding body has not retained sufficient money under the contract to satisfy this Civil Wage and Penalty Assessment based on a subcontractor's violations, the contractor shall, upon the request of the Labor Cornmissioner, withhold sufficient money due the subcontractor under the contract to satisff the assessment arrd transfer the money to the awarding body. This amount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
X If this box is checked, the Labor Comrnissioner hereby requests that the prime contractor withhold the following amount frorn money due the subcontractor and transfer the money to the awarding body to satisff this assessment:
Wages Due:
Penalties Due Under Labor Code sections I 775 and l8l3
Penalties Due Under Labor.Code seation 1177,'7:
Penalties Due Under Labor Code sections 1776:
Tctal Withholding Amount:
$20,930.95
$12,205.00
$0.00
$0.00
$33,135.95
Distribution:
Awarding Body
Surety(s) on Bond
Prime Contractor
Subcontractor
06/27/2023 Item No.7.
STATE OF CALIFOI{NIA
DEPARTMENT OF'INDUSTRIAL RELATIONS - DIVISION OF LAI]OR S'IANDARDS ENFORCI]MENT Jcrry McClain
CBII.TIFICATION OF SERVICB BY MAIL
(C.C.P. 1013a) On CERTIFIED MAIL
, do hereby certity that i arr a rcsiderrt of or employed in the Cor.rnty of Sacralnento , over l8 years of age, and r.rot a pany to the within action, and that I am employed at and my business address is
Division of Labor Standards Enfbrcernent
Burcau of Field Etrforcetlent
2031 l-lorve Ave. Suite 100
SacLaurento, CA. 95825
On Januat'y 2l ,2011 , I served the within (1) Civil Wa.ee and Penalty Assessrnent by placing a true copy thereofiu an envelope addlessed as follows:
City of Colfax
P.O. Box 702
Colfax, CA95713
Nelia Spelka
Central Valley Engineering & Asphalt, Inc.,
A California Corporation
?l--e -S-q r-o-v- Lqlg- -- - - - - - -- - - - - - -
Roseville, CA95678
Warren Gilbert Holt
The Guarantee Company of North Atnerica
USA
818 W 7th Street, Suite 930
Los Angeles, CA 90017
Vivian Imperial
Lo!n4clsn-t-o-rlgi.L-8-.r.q9-9!its.--------.
3807 Pasadena Avenue, SLlite 150
Sacraruento, CA 9582I
Malio Rodriguez
and tfien sealing the envelope and witlr postage anclcefiified mail fees (if applicable) tlrereon fully pLepaid, and tlren depositing it in tlre United States mail in Sacrarnento by Ordinary first class rnail
Celtified mail
Registered mail
I certifl, rmler penaltl, of perjury thnt theforegoing is true $nd coffect Executed on Januaiy 27,
NATURE
STATE CASE NO.
40-53365
PW 34 ,RL!B.rr-r/lN)r)
X
X
2017 , At Sacrat'nento , County of Sacraurento , California
06/27/2023 Item No.7.
I-rt bor Corlnrissioncr', Stit te of CaIi fornil
l)cparturcnt of Industriill ltelntions
Division ol' Labor Standnlds Enlbrccrlcnt
llurcalr o I ljield Enfbrcenreut- Pub I ic Wolks
203 I Horve Avenuc, Suite #100
Saclaureuto. CA 95825
'I'llL: (9t6) 263-2901 FAX: (916) 263-2906
Ednrund G. l}o*'n.1r., Govenror
DATE:
Januan, 27. 201 7 ll q\ shc-
lu Reply Rel'er to Cnse No:
40-53362
CIVIL WAGE AND PENALTY ASSESSMENT RECEIVET;
A{ier an investigation concerning either the paynent of wages to wolkers employed in the execution of the contract for the above-nanred public works project or compliance lvith the apprenticeship standalds found in Labor Code section 1777.5, or both, the Division of Labor Standards Enforcenrent (the "Division") has determined that violations of the California Labor Code have been comlnined by the contractol and/or subcontl'actor identified above. In accoldance with Labor Code sectiou l74l , the Division hereby issues this Civil Wage and Penalry Assessment.
Tlre nature of the violations of the Labor Code and the basis lor the assessmeut ale as follorvs:
Wage Violations: Violated Labor Code Section 1174 for failule to pay the correct prevailing wages pursuant to the Dilector's General Prevailine Wage Determination 2015-2 for the classifications of Cement Arvud'og Borly
Fire
Prcject Nanre No
Fair&A Inc. A Calilbmia
Irinrc CoilrarrDr
Cerrlral
Mason. Laborer and ODeratinc Engineer. Failed to pay fringe benefits Apprcnticeship Violations:
The attached Audit Sunrnrary further dctails the basis for this Assessnrent and iternizes the calculation of wages and penalties due under Labor Code sections 1775 and 1813.
The Divisiorr has deterrnined that the total amount of wages due is $2,599.06 The Division has deternrined that the total anrount ofpenalties assessed under Labor Code sections 1775 and I 8 I 3 is: 52,265 .00
The Division has dcternrined that the al'rloullt of penaltics assessed under Labor Code section l'777.7 is $0.00
The DivisionhasdetelminedthatthearnountofpenaltiesassessedunderLaborCodesection lTT6against Central Valley En_qineering & Asphalt, Inc., A Califomia Corporat is $0.00 Plcnse refer to page 5 for spccific rvithholding obligations pertaining to these amounts.
STATE LABOR COMM ISSIONER
McClain
By
Deputy Labor
ItW 3J rno",roo-rmr:r
lxissioner I
06/27/2023 Item No.7.
Notice of Right to Obtain Review - Formal Hearing
In accordance with Labor Code Section 1742, an affected contractor or subcontractot may obtain revierv of this Civil Wage and Penalfy Assessment by transmitting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment.
To obtain a hearing, a rvritten Request for Review must be transmitted to the following address:
State of California - Labor Commissioner
Civil Wage and Penalry Assessment Review Office
PO Box 255809
2801Arden Way
Sacrarnento, CA 95825
A Request for Review either shall clearly identif the Civil Wage and Penalty Assessment from which review is sought, including the date of the assessrnent, or it shall include a copy of the assessment as an attachment, and shall also set fortlr tlre basis upon which the assessment is being contested. [n accordance with Labol Code section 1742,the contractor or subcontractor shall be provided an opportunity to revier,v evidence to be utilzed by the Labor Commissioner at the hearing within 20 days of the Labor Commissionel's receipt of the written Request for Review.
Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontracfor, and which shall also be binding' with respect to the amount due, on a bonding company issuing a hond that secures the paymetrt ofwages and a surety on a bond. Labor Code section 1743.
In accordance with Labor Code section 1742(d), a certified copy ofa final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has properry or has or had a place of business, The clerk, immediately upon the filing, shall enter judgment for the State.against the person assessed in the amount shown on the certified order. (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Meeting
In accordance with Labor Code section 1742.7(c), the Labor Commissioner shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the opportunity to meet with the Labor Commissioner or his or her designee fo attempt to settle a dispute regarding the assessment, The settlement meeting may be held in person or by telephone and shall tahe place before the expiration of the 60-day period for seeking a hearing as set fonh above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the cor.rrse of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding, This opportunity to timely request an informal settlement meeting is in addition to the ]ight to obtain a formal hearing, and a settlernent meeting may be requested even if a written Request for Review has already been made, Requesting a settlement meeting, however, does not extend the 60-day period during which a formal hearing may be rcquested.
A written request to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding this assessrnent must be transmitted to at the following address:
Jery McClain
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Public Works Unit 2031 Flowe Avenue, Suite #100
Sacramento, CA 95825
Payment of Civil Wage and Penalty Assessment
Payment of the assessed wages and/or penalties must be made by check or money order payable to the Division of Labor' Standards Enforcement and mailed to the following address along with a copy of this Civii Wage and Penalty Assessment; State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit 203 I Howe Avenue, Suite #100
Sacramento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damages
In accordance with Labor Code section 1742.1{a), after 60 days following the service of this Civil Wage and Penalty Assessmentn the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the assessment subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. Ifthe contractor or subcontractor demonstrates to the satisfaction of tlrc Director of the Deparhnent of Industrial Relations ftat he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages.
Notwithstanding the above, in accordance with Labor Code 1742.1(b), there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Deparlment of Industrial Relations, within 60 days following service of the Assessrnent or Notice, for the Department to hold in escrorv pending adrninistrative and judicial review. The Department shall release such funds, plus auy interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds.
Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit P.O. Box 420603
San Francisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is: $2'599,06 (continued on next page)
06/27/2023 Item No.7.
Statutory Withholding Obligntions
l. Awarding Body Withholding Obligations
ln accordance with Labol Code section 1727(a), before making payments to the contractor oflmoney due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts lequired to satisfu this Civil Wage and Penalty Assessment. The amount required to satisfy this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is:
.. $2,599,06
$2,265.00
$0.00
$0.00
$4,864.06
2. Prime Contrrctor Withholding Obligations:
In accordance with Labor Code section 1727(b), if the awarding body has not retained sufftcient money under the contract to satisfy this Civil Wage and Penalty Assessment based on a subcontractor's violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the cortract to satisry the assessment and fransfer the money to the awarding body. This amount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
If this hox is checked, the Labor Commissioner hereby requests that the prime contractor withhold the following amount from money due the subcontractor and transfer the money to the awarding body to satis$ this assessment:
$2,599.06
Wages Due:
Penalties Due Under Labor Code sections 1775 and l8l3:
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
Wages Due:
Penalties Due Under Labor Code sections l'175 and
Penalties Due Under Labor Code section 177'l .7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
Distribution
Awarding Body
Surety(s) on Bond
Prime Con[actor
Subcontractor
1813: ,__ $2,?65.00
$0.00
$0.00
$4,864.06
X
06/27/2023 Item No.7.
DE'ARTMEN T oF rN DU Sr Rl n'- *o,.oi,ffi :litiiffi,Titt ou oo 'TAN
DA RD S EN F.RC EMENT
CERTIFTCATION OF SBRVICE BY MAIL
(C.C.P. 1013a) OR CDRTIFIED MAIL
I, Jerry McClain , do hereby certify that I am a resident of or ernployed in the Counly of Sacramento , over I 8 years of age, and not a pafty to the witlrin action, and that I am ernployed at and my bLrsiness address rs
Division of Labor Standards Enforcement
Bureau of Field Enforcement
2031 FioweAve. Suite 100
Sacramento, CA. 95825
On January 27,2017 , I served the withir-r: (l) Civil Wage and Penalty Assessment by placing a true copy thereof in an envelope addressed as foliows Sacramento Metropolitan Fire District
10545 Armstrong Avenue. Suite 200
Vt_+t!:_"-1,_94..q-_lql t _ ..-
Matthew Davies
Asphalt, Inc., A California
Corporatiorr
216 Kenroy Lane
Roseville, CA 95678
Walren Gilbert Holt
Foundation for Fair Contracting
3807 Pasadena Avenne, Suite 150
and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully plepaid, and then depositing it in the United States mail in Sacramento by:
Ordinary first class mail
Certified mail
Registered rnail
I cerlifl, unrler pennlry of perjury that lhe foregoirrg is true ond corrcct Executed on January 27,2017 , ot Sacramento , Couufy of Sacramento , California T;fiAruRE
STATE CASE NO
40-s3362
Guarantee Company of North America
818 W Tth Street, Suite 930
lvlan al
SA
cA 90017
X
X
PW 34
06/27/2023 Item No.7.
l-abor Conrnrissioner, State of Cllifrrrnin
Departnrent ol' IndustIill Rclntions
Divisiorr ol Labor Standalds Enibrccnrcnt
Bureau of lricld llnforccnrcut- l'ublic Works
2031 llorve Averrue, Suite #100
Sacranrcnt0, CA 95825
TllI-; (9t6) 263-290t FAX: (916) 263-2906
irl
Fair
r.b
[fff1$nund G. I-]roivn Jr., Govcrlor
Orl for
D'N'E: ln lteply Ret'er to Casc
,\rvarding Body
Citl' ol' Citrus I lciuhis
l\\'ork
Perlbmrcrl irr Corrrr ol
I SScrarileillo
Prcjcct N{me
l0l6 Rcsidential St Reslrlitcinu
ll,rcjccr No.
lttztt
l- .ll ll ir ;' li
Priile Contrnclor
Ccntr{l Vallcy Enuileerilq & AsDhall. lnc.. A Califonria Comoration Suhcontractor
CIVIL WAGE AND PENALTY ASSESSMENT
:1lliin-q
After an investigation concerning eilher the payrnent of \.vages to workers employed ilr the execution of the contract fol' the above-named public works project or cornpliance with tlie appl'enticeship standalds found in Labor Code section 1777.5, or both, the Division of Labol Standards Enfolcernent (the "Division") has deterrnined that violations of the California Labor Code have been conllnitted by the contractor and/or subcontractor identified above. ln accordance with Labor Code sectiorl I 74 I , the Division here by issues this Civil Wage and Penalty Assessurent.
The natule of the violations of the Labor Code and the basis for the assessnent al'e as follows Wage Violations: Violated Labol Code Section 17'14 for failure to pay the correct prevailing wages pursuanttotheDirector'sGenelal PrevailingWageDetermination20l6-1 l'ortheclassificationofCelnent Masou, Laborer and Operating Engineet'. Failed to pay f inge benefits Applenticeshil; Violations:
The attached Audil Surnrnary fufthel details lhe basis fol this Assessrnent and itemizes the calculation of wages and penalties due nnder Labor Code sections 1775 and 1813.
The Division has deternrined tliat the total aurount of ivages due is: $6 1,892.16 The Division has deterurined that the total amount of penalties assessed under Labor Code sections 1775 and l8l3 is: $37,815.00
The Division has defermined that the alnount of perralties assessed rrndel Labor Code section 1777 .7 is: $0.00
TheDivisionhasdeterminedthatthsarrourltofpenaltiesassessedunderLaborCodesection lTT6against Central Vallev Eugineeling & Asphalt. Inc., A Califomia Corpolat is $0.00 Plcase refer to page 5 lbr specific rvithholding obligations pertaining to thesc arnounts.
S]'ATE LABOR COMMISSIONER
McClain
Labor
By
PW J:l tR.!6.d-?si3)
ioner I
06/27/2023 Item No.7.
Notice of ltight to Obtain Revierv - Formal Hearing
In accordance with Labor Code Section 1742, an affected conhactor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment,
To obtain a hearing, a written Request for Revierv must be transmitted to the following address:
State of California - Labor Commissioner
Civil ri/age and Penalty Assessment Review Office
PO Box 255809
2801 Arden Way
Sacrallento, CA 95825
A Request for Review either shall clearly identi$ the Civil Wage and Penalty Assessment from which review is sought, including the date of the assessment, or it shall include a copy of the assessment as an attachment, and shall also set forth the basis upon which the assessment is being conlested. In accordance with Labor Code section l742,the contractor or subconffactor shall be provided an opportunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days of the Labor Commissioner's receipt of the written Request for Review.
Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order rvhich shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment ofwages and a surety on a bond. Labor Code section 1743.
In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount slrown on the certified order. (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Meeting
In accordance with Labor Code section 1742.1(c), the Labor Commissioner shall, upon receipt of a lequest from the affected cotrtractor or subcontractor within 30 days following the service of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the opportunity to meet with the Labor Commissiouer or hjs or her designee to attempt to settle a dispute regarding the assessment, The settlement meeting may be held in person or by telephone and shall take placc before the expiration ofthe 60-day period for seeking a hearing as set forth above underthe heading Notice of Right t0 Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an infonnal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made.
Requesting a settlement meeting, however, does not extend the 60-day period during which a formal hearing may be requested.
A written request to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding this assessment must be transmitted to at the following address:
J McClain
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Fublic Works Unit 203 I Howe Avenue, Suite # I 00
Sacramento, CA 95825
Payment of Civil Wage and Penalty Assessment
Paymerrt of the assessed wages and/or penalties must be made by check or money order payable to the Division of Labor Standards Enforcement and mailed to the following address along with a copy olthis Civil Wage and Penalty Assessment:
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit 2031 Howe Avenue, Suite #100
Sacramento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damages
In accordance with Labor Code section 1742.1(a), after 60 days following the service of this Civil Wage and Penalty Assessment, the affected conttactor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated darnages in an amount equal to the wages, or portion that still remain unpaid. If the assessment subsequently is overturned or modified after administrative or jtrdicial review, liquidated darnages shall be payable only on the wages found to be due and unpaid. Ifthe contractor cr subcontractor demonstrates to the satisfaction of the Dircctor of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages.
Notwithstanding the above, in accordance with Labor Code L742.1(b), there shall be no iiability for liquidated darnages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the Assessment or Notice, for the Deparhnent to hold in escrow pending administative and judicial review. The Departrnent shall release such funds, plus any interest earned, at the conclusion of all adurinistrative andjudicial review to the persons and entities who are found to be entitled to suQh funds.
Deposits must be made by check or money order payable to the Department of Industrial Relations rvith a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of California - Deparhnent of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit P.O. Box 4206A3
San Francisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is: $61,892.16 (continued on next page)
06/27/2023 Item No.7.
Statutory Withholding Obligations
l. Awarding Body Withholding Obligations
In accordance with Labor Code section 1727(a), before making payments to the contractor of money due under a contract for public work, the awarding body shall witlthold and retain therefrom all amounts required to satisfu this Civil Wage and Penalty Assessment. The amount required to satisf this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of a flrnal order that is no longer subject to judicial review.
The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is:
$61,892.1.6
$37,815.00
$0,00
s0.00
$99,707.16
2. Prime Contractor rffithholding Obligations:
In accordance with Labor Code section 1727(b), if the awarding body has not retained sufflcient money under the contract to satisff this Civil Wage and Penalfy Assessment based on a subcontractor's violations, the conttactor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisry the assessment and transfer the money to the awarding body. This amount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
If this box is checked, the Labor Commissioner hereby requests that the prime contractor witlrhold the following amount from money due the subcontractor and transfer the money to the awarding body to satisry this ass€ssment:
Wages Due:
Penalties Due Under Labor Code sections 1775 and 1813
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776;
Total Withholding Amount:
Wages Due:
Penalties Due Under Labor Code sections 1775 and 1813:
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
$61,892.1,6-,
$37,815.00
$0.00
$0.00
$99,707.16
Distribution:
Arvarding Body
Surety(s) on Boud
Prime Contractor
Subcontractor
X
06/27/2023 Item No.7.
STATE OT.'CALIFORNIA
DI]PARTMENT OI.'INDUSI'RIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMENT
CERTIFICATION OF SERVICE BY MAIL
(C.C.P. l0l3a) OR CERTIFIED MAIL
I, Jerry McClain , do hereby certiry that I am a resident of or employed in the County of Sacraruertto , over 18 years ofage, and not a pafty to the lvithin actiou, and that I am ernployecl at and nry business address is
Division of Labor Standards Enforcement
Bnleau of Field Enforcement
2031 Howe Ave. Suite 100
Sacramento, CA. 95825
Orr January 27,2017 , I served the within: (1) Civil Wage and Penalty Assessment by placing a trlre copy thereofin an envelope addressed as follows Central Valley Engineering & Asphalt,Inc.,
A Cal ifornia Corporation
216 Kenroy Lane
Roseville, CA 95678
Warren Gilbert Holt
Foundation for Fair
3807 Pasadena Avenue, Suite 150
Sacramento, CA 9582i
Cayetano Reynoso
The Guarntee Company of Nolth America
USA
8l B W 7th Street, Suite 930
Los Angeles, CA 90017
Vivian Irnperial
Bond #12135114
and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, and then depositing it in the United States mail in Sacrarnento by Ordinary first class mail
Certified mail
Registered mail
I certify under penultl, of petjury tl,ilt the.foregoirtg is true and correct Executed on Janualy 27,2017 , &t Sacramento , Couttty of Sacratneuto , Calilbrnia Q*a
y'cHnrune
STATE CASE NO.
40-53364
of Citrus l{eiC
6360 Fountain
Citrus cA9562l
Drive
Regina Cave
X
X
PW 34
06/27/2023 Item No.7.
l-abor Conrnrissioncr, Statc of Crrlil'ornit
Depaltnrent ol [ndustlial Relations
Division of Labol Standards Enfblcenrcnt
BLrreuu olField Enforccrrent- Public Works
2031 Horve Avenuc..Suite #100
Saclarnerrto, CA 95825
TEl,: (916) 263-2901 FAX: (916) 263-2906
Ednruncl C. l}'own Jr',, Govcnror.
DATE:
Jartuarv 27. 20 I 7
cl6 3 ftc-
ht Itcply Rcfel to Case No:
40-J3366
CIVIL WAGE AND PENALTY ASSESSMENT
After an investigation concet'ning either the paylltent of wages to workers employed in the execution of the cortract for the above-natned public works ploject or compliance with the apprenticeship standalds found in Labor Code section 1777.5, or both, the Division of Labor Standards Enforcernent (the "Division") has determined that violations of the Calitbrnia Labor Code have been conlnifred by the contractor and/ol subcontractor identified above. In accordance with Labor Code section 1741, the Division hereby issues this civil wage and Penalty Assessrnent.
The natule of the violations of the Labor Code and tlre basis for the assessrnent are as follows:
Wage Violations
pursuant to the
Violated Labor Code Section 1774 for failure to pay the correct prevailin.q waees Director's General Prevailing Wage Deterrniriation 2016-l for the classifications of Cem erlt Prrfom)cd in Counry olBody
ol
l,riDlD Contactor
Cenrral Vnllct,Elthrecrinu & Asohalt- lnc.- a Crlifomia li, rgl
No.Nntrlc
Mason, Laboler and Operating En.qineer. Failed to pay fi'inge benefits Apprenticcship Violations:
The aftached Audit Suntmary further details the basis for this Assessnrent and iternizes the calculation of wages and penalties due under Lal:or Code sections 1 775 and I 8 I 3 l'he Division has detel'ntined that the total anount of wages due is: s6,67 t.21 The Division has detemiincd that tlre total amount of penalties assessed under Labor Code sections 1775 and 1813 is $5 055.00
The Division has deterrnined that the anlount of penalties assessed undel Labol Code section 1777.7 is: $0.00
The Division has determined that the amount of penalties assessedunderLaborCode section 1776 against Central Valley Engineering & Asphalt, Inc., A California Corporar is: $0.00 Plea.se refer to page 5 for specific rvithholding obligations pertaining to these amounts.
STATE I-ABOR ER
By
McC
PW 33 1R.,i5'd-tt4n)
Comrnissioner I
06/27/2023 Item No.7.
Notice of Right to Obtain Review - Formal Hearing
In accordance with Labor Code Section 1742, an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmirting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment.
To obtain a hearing, a written Request for Review must be transmitted to the following address:
State of California - Labor Commissioner
Civil Wage and Penalty Assessment Review Office
PO Box 255809
2801 Arden Way
Sacramento, CA 95825
A Request for Review either shall clearly identifr the Civil Wage and Penalty Assessment from which review is sought, including the date of the assessment, or it shall include a copy of the assessment as an attachment, and shall also set forth the basis upon which the assessment is being contested. In accordance with Labor Code section 1742,rhe contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Comrnissioner at the hearing within 20 days of the Labor Commissioner's receipt of the written Request for Review.
F'ailure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount dueo on a bonding company issuing a bond that secures the payment ofwages and a surety on a bond. Lnbor Code section 1743.
In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order, (continued on next page)
06/27/2023 Item No.7.
Opportunity for Settlement Meeting
ln accordance with Labor Code section 1742.1(c), the Labor Commissioner shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the opportunity to meet with the Labor Commissioner or his or her designee to atternpt to settle a dispute regarding the assessment. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60-day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the coulse of, or pursuant to, the settlemert meeting is admksible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal seftlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made.
Requesting a settlemetrt meeting, however, does not extend the 60-day period during which a formal hearing may be requested.
A written request to meet with the Labor Comrnissioner or his or her designee to attem,pt to settle a dispute regarding this assessment must be transmitted to at the following address:
Jerry McClain
State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Public Works Unit 203 1 Howe Avenue, Suite #100
Sacramento, CA 95825
Payment of Civil Wage and Penalty Assessment
Payment of the assessed wages and/or penalties must be made by check or money order payable to the Division of Labor Standards Enforcement and mailed to the following address along with a copy of this Civil Wage and Penalty Assessment:
State of Califomia - Department of Indusnial Relations
Division of Labor Standards Enforcement - Cashiering Unit 2031 Howe Avenue, Suite #100
Sacramento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidated Damages
In accordance with Labor Code section 1142.1(a\, after 60 days following the service of this Civil Wage and Penalty Assessment, the affected contractor, subcontractor, and surety on a bond or bonds issued fo securc the paymeil of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the assessment subsequently is overturned or modified after administrative orjudicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. Ifthe contractor or subcontractor demonstrat€s to the saiisfaction of the Director of the Departmeni of Indusirial Rslations that he or she had substantiai grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages.
Notwithstanding the above, in accordance with Labor Code 1742.1@), there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the Assessrnent or Notice, for the Department to hold in escrow pending adrninistrative and judicial review. The Deparlment shall release such funds, plus any interest earne d, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds.
Deposits must be made by check or money order payable to tle Department of Industrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to:
State of Califomia - Department of lndustrial Relations Division of Labor Standards Enforcement - Cashiering Unit P.O. Box 424603
SanFrancisco, CA 94142
The Amount of Liquidated Damages Available Under this Assessment is:
(continued on next page)
06/27/2023 Item No.7.
X
Distribution:
Awarding Body
Surety(s) on Bond
Prime Contractor
Subcontractor
Statutory Withholding Obligations
l. Awarding Body Withholding Obligations
In accordance with Labor Code section 1727(a), before malcing payments to the contractor of money due under a conffact for pubiic work, the awarding body shall withhold and retain lherefrom ali amounts required to satisfl/ this Civil Wage and Perralty Assessment. The amount required to satisf, this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is:
,,,$6,671.21
$5,055.00
$0.00
$0.00
$tt,726.21
2. Prime Contractor Withholding Obligations:
ht accordance with Labor Code section 1727(b), if the awarding body has not retained sufficient money under the contract to satisry this Civil Wage and Penalty Assessment based on a subcontractor's violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisff the assessment and fransfer the money to the awarding body. This amount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
If this box is checked, the Labor Comrnissioner hereby requests that the prime contractor withhold the following amount from money due the subconhactor and transfer the money to the awarding body to satisf,/ this ass€ssment:
Wages Due:
Penalties Due Under Labor Code sections 1775 and 1813:
Penalties Due Under Labor Code section 1777.7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
Wages Due:
Penalties Due Under Labor Code sections 1775 and 1813:
Penalties Due Under Labor Code section l'177.7:
Penalties Due Under Labor Code sections 1776:
Total Withholding Amount:
$$-67t.2r
$5,055.00
$0.00
$o.oo
$11,726,21
06/27/2023 Item No.7.
STATE OF CALIFORNIA
DEPARTMENT OF 1NDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMENT
CERTIFICATION OF SERVICE BY MAIL
(C.C.P. 1013a) OR CERTIFIED MAIL
[, Jerry McClain , do hereby certifu that 1 am a resident of or ernployed in the CoLrnty of Sacramento , over I 8 years ol'age, and not a pafty to the within action, and that I arn employed at and my business address is
Division of Labor Standards Enforcement
Bureau of Field Enforcement
2031 Howe Ave. Suite 100
Sacrameuto, CA. 95825
On January 27,20t7 , I selved the witlrin: (1) Civil Wage and Penalty Assesstneut by placing a tftre copy thereof in an envelope addressed as follows:
Central Valley Engineering & Asphalt, Inc.,
a California corporation
216 Kenroy Lane
Roseville, CA 95678
Warren Gilbert FIolt
The Guarantee Company of Norlh America
USA
818 W Tth Street, Suite 930
Los Angeles, CA 90017
Vivian Imperial
Bond #12135089
and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, and tlren depositing it in the United States rnail in Sacrarnento by:
Ordinary first class mail
Certified mail
Registered mail
I certdy unrler penalty of periury tltttt theforegoittg is ffue und correct Executed on January 27,2011 , dt Sacramento , County of Sacramento TURE
7927 Auburn Blvd.
City of Citrus
Citrus Heights, CA 95610
na Cave
o
foroundation Fai
Suite 1503807 Pasadena A
cA 95821
X
X
STATE CASE NO
40-53366
PW 34 (nc*cr-{/rrxrr}
, Califbrnia
06/27/2023 Item No.7.
lThis page intentionally left blank]
06/27/2023 Item No.7.
Lnbor Conrnrissioncr', Stllc of Cnlilbrnin
Depaltntent ol' I ndustrial llelations
Division of' l.abor Slandards Iulbtccntcnt
Burcau ol' Ficld Enlbt'ccntettt- I'ulrlic Works
'l'EL: (916) 263-2901
Gavin Nervsonr, Govet'not'
DA'I Ii:
Novenrbcr4 2020
ln Repll'Relcr to Case No:
40-107 l6-t37
Alvardiilg Dodj'
Fairlield-Srrisrrrr I Inificrl School [)istrict
\Vork l)crforlrcd in Couoly of
sol_ANC)
)rrject Narc
IOI-ENAS MODERNIZNI'ION PI IASI] I I
Project No
l)lll- l24g0,l
DIR Prolecr lD No.
Prinle Co[trilclor
l{ENl CONSI'li.UC]'lON. INCOI{PORATED, A Califorrtia Corporalion CSI-B l.icensc No
768699
Coilrhcro! Regisrarior (PWCR) No-
I OOO0I dtSd
Subcotrtrtrcto(s)
U&M lluildcrs lnc.. A Califorrria Con)oralioa
CSI-B l,icctrse No.
861 848
Coilrrncror Regislrilhon (l'\\'CR) No.
I 000001277
second or Third{ier S(bconlrnctor. if {pplicablc CSI,B l,iccnsc No. Co[lrnclor Rexistrntion (P\\'CR) No.
CIVIL WAGE AND PENALTY ASSESSMENT
After an investigation collcerrliug the paynrent of wages to workers employed in the execution of the colttract for tlte above-named public worl(s project, compliance with the apprenticeship standards found in Labol Code section 1777.5, or.colnpliance with the registration requiretnellts set forth in Labol Code section 1725.5, the Labol Conrtrissioner has cleter.nrined that violations of the California Labor Code have been contmitted by the contractor aud/or subcol'ltractor(s) identified above. ln accordance with Labor Code section 1741, the Labor Comnrissioner hereby isstres this Civil Wage aud Penalty Assessnrent.
TOTAL ASSESSMENT:
The nature ofthe violations ofthe Labor Code and the basis for the assessment are as follorvs:
Wagc Violations Violated Labor Code Section 1'174 for failure to pay the correci lvage pursuant to tlre Dilector''s Ceueral PrevaiIing Wage Detemination NC-23-203-1 -20 I 9-1 for the craft of Cetnent Mason and NC-23- I 02- I -2019-2 for the craft ol' Laborer Alea 2, Clottp 2.
Tlre attached Audit Sunrmary fi,rrther details the basis fol this Assessr.nent artd itetllizes the calculatiou of wages atld penalties due under Labor Code sectiol'ls 1775 and 1813, if applicable.
The Labor Commissioner has detet'ntined the total alnount of rvages due is $2.563.24 Tlre Labor Commissioner has detertnined the anlount of
penalties assessed under Labot'Code section 1775 is: $4.390.00 The Labor Cornnrissioner has deterurined the amount of
penalties assessed under Labor Code section l8l3 is: $l,62_s.00 STATE LABOR CON4MISSION ER
By
J N4cClain
Latror
(continued on next page)
PWf! rra**a-,:rorst
I SSI Oller
06/27/2023 Item No.7.
Apprenticeship Violatiotts Vioiated Labor Code Section 1777 .l far failure to emolov anorentices at the minimum ralio for the craft oflaborer. Area 2, Group 2. Violaied Labor Code Section 1777,5 for failure to Dav trainins funds in full.
The Labor Commissioner lros deterrnined the amount of
ponalties assessed under Labor Cqde section 1771,1 is: $4.000.00 Labor Code Section 1776 Violations:
The Labor Cornmissioner has detolmined ths amount of penalties assessed under Labor Code section f776(h) against B&M Builders Inc,, A California Corporation is: $0.00
Public Works Contlactor Registration Violations:
The Labor Commissioner has determined the amount of penalties assessEd under Labor Code section 1771.1 against General contractor is: $0.00
Subcontractor is: $0.00
Second-tiel' suboontractot is: S0.00
Third-tier subcontractor, if applicable
Please refer to page 6 for specilic withholding obligntions pertaining to these nmounts. (oontinued on next page)
is: $0.00
06/27/2023 Item No.7.
Notice of Right to Obtaln Rovlcw - Formal Headng
In aocordalce with Labor Code seotion 1742, an affected contraator or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transnitting a writlen request to the offioe of the Labor Commissioner that appears below within 60 days aftel service of the assessment.
To obtrin a heariilg, s writtor Request for Review must be tronsmitted to the following nddressl Labor Commissioner' State of California
Civil Wage and Penalty Assessment Review Office
PO Box 255809
2801 Arden Way
Saoramento, CA 95825
A Request for Review either shall olearly identi$ the Civil Wage and Penalty Assessment from which review is sought, including the date of the assessment, or it shall include a copy of the assessment as an at0nchment, and shall also set forth the basis upon which the assessment is being contested. In acoordance with Labor Code section l742,the oontraotor or s[boontraotor shall be provided an opportunity to review ovidence to be utilized by tho Labor Commissioner at tho hearing within 20 days of the Labor Commissioner's receipt of the written Request for Review, Failure by a contractor or subcontractor to submit a tiruely Request for Revlew will result in n final ordcr which shall be bindiltg on thc coltractor and subcontractor, nird which shnll also be bindingr with rcspect to the amount due, on n bonding company issuing a bond that secures thp payment ofwages nnd a surety on a bortd. Labor Codesection 1743. ln accordance with Labor Code seption L742(d), a certified copy of a final order may be filed by the Labor Cornmissioner in the oflioe of the olerk of the superior court in any county in which the afftcted contractor or suboontmctor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgrnent for the State against the person assessed in the zunount shown on the oertified order. (oontinued on next page)
06/27/2023 Item No.7.
Payment of Civil Wngc lnd Penalty Assossmsut
Payment ofthe assessed wages and/or penalties, including interest on nll due and unpaid wages pursuant to Labor Code section 1741(b), rnust be made by check or money order payable to the Division oflabor Standards Enforcenrent and mailed to the following address along with a copy ofthis Civil Wage arrd Penalty Assessment:
Stats of Califoruia - Department of Inclustrial Relations Division of Labor Standards Enforcement - Cashiering Unit 2031 Howe Avenue, Suite 100
Saoramento, CA 95 825-0 196
Opportunity for Settlemont Moeting
ln accordance with Labor Code section t742.1(a),the Labor Commissioner shall, upon receipt of a request frorn the aflfeoted contraotor or subcontractor within 30 days following the servioe of this Civil Wago zurd Penalty Assessment aflicrd the c,ootrootor or subcontractor the opportunity to meet with the Labor Commissioner or his or her dosignoe to attenrpt to settle a dispute regarding tho assessment. The settlernent meeting rnay be held in person or by telephone and shall take place before flre expiration ofthe 60-day Beriod firr seeking a hearing as set forth undel'the fieading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the oourse of, or prrsuant to, tho settlernent meeting is admissible or subjeot to discovery in any adrninistrative or civil proceeding, This opportunity to timely request an infotmal settlemont moeting is in addition to the right to obtain a firrrnal hearing, and a settlement meeting may be requosted even if a written Request for Review has already been rnade.
Requestirig n settlement meeting, howover, docs not extend the 60dtty poriod during which s formnl henring may be requested.
A written request to nreet with tho Labor Commissioner or his ol her designee to attempt to settle a dispute regarding this assessment must be transnritted to Jeuy McClain at the following addressl
State of Cqlifornia - Depafinent of Industrial Relations Division of Labor Standnrds Enforoement - Public Wotks Unit 2031 Howe Avenug Suiie #100
Saorarnento, CA 95825
(continued on next page)
06/27/2023 Item No.7.
Liquidrrted Dflmages
In accordance with Labor Code section 1742.1(fi, after 60 days following the sorvioo of this Civil Wage and Penalty Assessment, the affeated contlactor, subconfiactor, and surety on a bond or bonds issued to seoure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the assessment subsequently is overturned or modified after adminishative or judicial reviow, liquidated damages shall be payable only on the wages found to be due and unpaid' Notwithstanding the abovo, in aocordance with Labor Code section 1742. l(b), there shall be no liability for liquidated damages if the full amouut of t[e assessment or notico" irrcluding nenalties. has been depositod with the Department of Industrial Relations, within 60 days following service of the Assessment or Notice, for the Depa*ment to hold in escrow pending adrninistrative and judicial review, The Depal'tment shall release such funds, plus any interest earned, at the conolusion of all adrninistr ative and judioiol review to the persons and entities who are for.urd to be entitled to such funds.
The full amount of the assessment that should be deDositcd isl - $72.578.24 Deposits must be mnde by check or money order payable to the Department of Industrial Relations with a cover letter.and a copy of the Civil Wage and Penalty Assessment and mailed to:
Department of Indusilial Relations
Attention Cashiering Un it
P.O. Box 420603
SanFroncisco, CA 94142
(continued on next page)
06/27/2023 Item No.7.
Statutory Witlholdtng Obligatious
1. Awarding Body Withholding Obligntions
In aooordauce with Labol Code section 1727(tl, beforc making payments to flre contlactor of tnoney duo uMer a contl'aot f:or public work, the awarding body shall withhold ard retain therefrom all amounts required to satisfy this Civil Wage and Penalty Assessment. The amount required to satisfu this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of a final order that is na longer sulrject to judicial review.
The amouut which must be wlthhold nnd retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is:
Wages Due:
Training Funds Due:
Penalties Due Under Labor Code seotion 1775:
Penalties Due Under Labor Code seotion 1813:
Penalties Due Under Labor Code section L777 ,7t
Penalties Due Under Labor Code seotion 1776(h):
Penalties Due Under Labor Codo section 1771',1:
Total \ilithholding Amount:
$2,325.81
s237.42
$4,390.00
$1,625.00
$4,000.00
$0.00
$0.00
$L2,578.24
2. Primc Contractor Withholding Obligations:
In accordance witlr Labor Code section 1727(b), if the awarding body has not retained sufficient money under the contract to salisfy this Civil Wage and Penalty Assessment based on a subcontractorrs violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufflrcient money due lhe subcontractor under the contract to satisfr the assessment and transfer the money to the awarding body. This amouut shall not be disbursed by the awarding body until receipt ofa final older that is no longer subject tojudicial review. flft tfrt box ls chechodo the Labor Commissioner hereby requests that the prime corrtrnotor withhold the following amount from money due the subcontractor and transfer the rnonoy to the awalding body to satisfy this assessment:
Wages Due:
Training Funds Due:
Penalties Due Under Labor Code section 1775:
Penalties Duo Under Labor Codo seption 18131
Penalties Dtre Under Labor Code section 1777 '7:
Penalties Due Under Labol Code section 1776(h)
Penalties Due Under Labor Code section l77l.I:
Tofal Withholding Amount:
$2,325.81
$237.42
$4,000.00
$0,00
$0.00
$12,57E.24
Distt'ibution:
Awarding Body
Surety(s) on Boncl
Plime Contraotot
Suboontractor(s)
$4,390,00 ._
$1,625.00
06/27/2023 Item No.7.
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELAI'IONS - DIVISION OF LABOR STANDARDS ENFORCEMENT
CERTIFICATION OF SEITVICN BY MATL
(C.C.P. 1013a) oR CERTIFIED MAIL
Jerry McClain , do hereby certify that I am a resident of or enrployed in the CoLrrrty of Sacramerrto , over 18 yeals ol'age, and not a party to the r.vithin action, and that I arn employed at and my business addless is
Division of Labor Standards Enforcement
Bureau of Field Enforcement
2031 Howe Ave. Suite 100
Sacrarnerlto, CA. 95825
Ou Novernber'4, 2020 , I ser (1) Civil Wage and l(l) Civil Wage and Penalty Assessnrent by placing a tl'Lre copy thereof in atr etrvelope addressed as follows:
Fairfi eld-Suisun Unifi ed School
Distlict
2490 Hilborn Road
Fairfield,CA 94534
Amanda Rish
B&M Builders Iuc., A Califomia
Corporation
I1330 SUNRISE PARK DR STE C
RANCI-IO CORDOVA, CA 957 42
Patrick T Mullen
IIEM CONS'I'I{UC1-ION, INCORPOITA]-ED, A
Cal ifornia Corporatiorr
2599 Widgeon Lane
Durharl, CA 95938
Richald Eugene Schell
The Ohio Casualty InsLtrance
Company
2710 Gatcrvay Oaks Dfivc, Suitc l50N
Saclamento, CA 95833
I(aitlyn Maunix
BOND # 070211740
and then sealing the envelope and with postage and ceftified mail fees (if applicable) tlrereon firlly prepaid, and then depositing it in the United States mail in Saclamento by Ordinary first class mail
Certified mail
Registered mail
I cerlifl, ttnder penalty t2f perjury thul tlrc.foregoing is ttue und coryect November 4,2020 , at Sacratrreuto , County of
GNATURE
X
S1'A'IE CASE NO
'10716-13'1
E,xeclrted r , at
(ncrtrJ -r/lrlrrl)
Sacrameuto , Califbnlia
06/27/2023 Item No.7.
[This page intentionally left blank]
06/27/2023 Item No.7.
UNITTD STATFS
DL':PARI'M EN-f OF L-AF]OR fFacebook
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Inspection Detail
Inspectiont 3L7245355 - Central Valley Engineering & Asphalt, Inc Inspection Information - Office: Ca Sacramento
Inspection Nr: 317245355 Repoft ID: 0950621
coNTAcr us FAe A To z INDEX ENGLIsH rsplt{ol
fVlerru
Contact Us
A to Z lndex
FAQ
Open Date: 07130120\3
SIC:1511
NAICSi 2373101 Highway, Street, and Bridge
Construction
Health
Site Address:
Central Valley Engineering & Asphalt, Inc
4367 Gresham Dr
El Dorado Hills, CA 95762
Mailing Address:
216 Kenroy Ln, Roseville, CA 95678
Inspection Type: Accident
Scope: Partial
Advanced Notice: N
Ownership: Private
Related Activity
Type
Accident
Union Status: NonUnion
Safety/Health: Safety
Close Conference: 0U06/2014
Emphasis:
Close Case:03/1812014
SafetyActivity Nr
102685559
Violation Summary
Violations/Penalties Serious Willful Repeat Other Unclass Total InitiafViolations 2 3 5
CurrentViolations 2 3 5
Initial Penalty $7,420 $0 $0 $1,510 $0 $8,930
06/27/2023 Item No.7.
Current Penalty
FTA Penalty
$7,420
$o
$o
$0
$o $1,510
$0 $0
$0 $8,e30
$0 $0
Abatement Due
Date
02110120t4
oLlL3l20L4
021r012014
0uL3l20I4
02lr0l20L4
Violation Items
# Citation
ID
1. O1001
2. 01002
3. 01003
4. 02001
5. 03001
Standard Issuance
Date
1so9 B 0UO8l20r4
1541 B03 0L10812014
339s E 0L108120L4
1s41 801 A 0t108120r4
1541 801 D OLl08l20L4
Occupational Safety and Health
Administration
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t 800-321-6742 (OSHA)
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serious
Serious
Current
Penalty
$ss0
$82s
$13s
$3,710
$3,710
Initial
Penalty
$ss0
$82s
$13s
$3,710
$3,710
FTA
Penalty
$0
$o
$0
$0
$o
Note
UNTTEN STATES
BEPARTMEFNT SF LABSR
UNITTD STAI-FS
DFPARTI4FNT C}[-' IABOI{
Occupational Safefy and Health Administration
200 Constitution Ave NW
Washington, DC 20210
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06/27/2023 Item No.7.
BEFORE THE
STATE OF CALIFORNIA
OCCUPATIONAL SAFETY AIiTD HEALTH
APPEALS BOARI)
In the Matter of the Appeal of:
CENTRAL VALLEY ENGINEERING
& ASPHALT, INC.
216 Kenroy Lane
Roseville, CA 95678
Docket O8-R2D1-5001
DECISION AFTER
RECOISSIDERATION
and REMAIID
Employer
The Occupational Safety and Health Appeals Board (Board), acting pursuant to authority vested in it by the California Labor Code and having taken this matter under reconsideration, renders the following decision after reconiideration.
JURISDICTION
Employer was cited for failing to timely report a serious workplace injury (Cal. Code Regs., tit. 8, $3a2(a).)l Ernployer was aware on T\resday, June 17, 2008, at approximately IO:OO a,m. that a serious injury was sustained by its employee. Employer reported the injury to the Division Friday, June 20,2OO8, at approximately 4:00 p.m. The violation is established. Employer has 1O0 ernployees. No information is contained in the record regarding Employer's compliance or safety history, or whether Employer had an IIPP.
The Division proposed a penalty of $500O, without modification for size, history or good faith, or on any other basis. (See g 336(d).) In lieu of a hearing, the parties submitted stipulated facts on which the Adrninistrative Law Judge (ALJ) relied in determining the penalty for the section 342(a) violation in this case should be $1000.2 We consider the appropriate penalty for a section 342(al violation,
I All references are to title 8, California Code of Regulations unless otherwise indicated, 2 Three additional violations alleged by the Division were before the ALJ in this appeal and were resolved in tJre AIJs Order. The Board did not order reconsideration of any of those items, nor did either party preserve any other issrie for our review by petition for reconsideration. Those items are not beforc us now, and are final orders of thc Board.
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06/27/2023 Item No.7.
Labor Code section 66A2 assigns to the Appeals Board the task of approving, modifying, of vacating penalties, inter alia, assessed by the Division, u.Li tfr* Jection A*J'"*powers the Rppeals Board to direct "other appropriate relief.,, On this authority, we have previously considered a variety of situations which may merit reduction or increase from the penalty the Division has assessed for violations of section 3a2@). (See, ??ader Dan's dba Roorns /V Couers, CaIIOSHA App. 08-4978, Decision After Reconsideration (Oct. 9, 2OO9l 1p.nalty reductionli -Bitt Callautag.and. Greg LaA dba Williams Redi-Mix., baf/OSHA App. O1-Z+OO, Decision After Reconsideration (Mar. 27, 2OA7l [same]; Centiat Vatley Contracting, Ca1/OSHA App. 05-2351, Decision After iReconsideration (Jun' l, 2OO9l [penalty increase]')
First, we recognize that the Division's proposed $5OOO penalty, without rnodification for other penalty considerations, represents a significant change from its pre-20A2 praltice rbgarding the penalty assessed in section 3a2@l cases. phor to the 2OO2 amendment of Labor Code section 64o9.i(b)' the p.""tty for section 342(al violations was assessed as were all other penalties. is"" iomlinson Construction, Inc., callosHA App. 95-2268, Dbcision After Reconsideration (Feb. 18, 1998) [upholding $175 penalty reached by modifying S5OO gravity-based penalty in 336(a)(1) for size, history and good faith as iir""ti in deolayl ; tiulfrnan Loggirug co,, Inc., Cal/osHA App' 93-382, Decision After Reconsider.ii"n-(nf ov. 2{,- tOSOl [proposed penalty of $10O, reached by giving maximqm adjusiments for size, good faith and history; Board amended citation to a Noti"" itt Lieu of citation, Labor Code section 63L7, on other groundsl.) Failures to report and late reports were penalized equivalently.
In view of the history briefly recapitulated above, we limit our analysis here to the effect of the 2OOZ amendment of Labor Code section 64O9.L(b) on the penalty for a violation of section 342(a) due to a late report. Labor Code ,."tio1 O4Og. f F) is ambiguous because in its context, both textual and historical, it couid be interpreted in several different ways. The Board has interpreted it as a starting point for penalty assessment under Labor Code section 6602; the Division iri*rpreted it as requiring a $5OOO penalty in every case.3 The principles of statutbry construction reveal it is not a mandatory rninimum penalty and may be adjusted, and the prohibition against repeal by implication clarifies it is a penalty assessment that remains subject to modifications for size, good faith and history under Labor Code section 6319(c).
DECISION
s The Division did this in an amendment to Director's regulation section 336(a), which added new ".,.bjirri*ior,
(6) to thai p.oui"iott The "Director" is the Director of Industrial Relations, to whom the pi.ri"lor, ,rporl", (See Lbor Code S 6302.) The Division's regulations, including those pertaining-to .*t"rrf.tittg'penalties for Jl.gea violaiions, are amonB those promulgated by the Director' Moreover' the rutemat<ini'paekage indicaies the Division intendJd only to change the starting point for penalty ;;.;;dr to* $"soo ro $sooo for both late and non-r"poits. In practice, the Division declines to adjust the penalty as it had prior to the 2O02 amendment'
2
06/27/2023 Item No.7.
It is clear, & least, that the Legislature intended to raise the initial penalty for violations of section 3a2@l to $5000 from $500, but that it was not required to be $5,000 in every case. We conciude from this that the kgislature intended that if an initial penalty were to be assessed, it must be $5,000; if not, then no penalty, $0, was to be assessed.
The Board believes a strictly all or nothing penalty is uncalled for by the statute and an unnecessarily extreme means to use to determine a penalty.
And, as it is inconsistent with the rest of the penalty setting scheme in the OSH Act, an all or nothing scherne was not the legislative intent for all violations of the reporting requirement, even minor ones. For example, construing section 64O9.1(b) to mean than only one of two pena-lties is appropriate in all cases ignores other provisions of the Act, such as the obligation of the Division to account for the size, good faith, history of the employer, or the gravity of the violation when calculating a penalty. (See Labor Code section 6319(d).) In addition, section 6409.1(b) is not written in the statutory form used to establish a mandatory minimum penalty. (See Labor Code section 6712.) A mandatory minimum penalty is created by using statutory language that is different than the language of the amendment to 6409.1(bf we evaluate here. For example, violations of field sanitation safety orders enacted pursuant to Labor Code section 67I2(d\ carry the minimum penalty of $ZSO for all employers, regardless of size, good faith, history of the employer, or gravit5l or severity of the violation, The consideration for factors of size, gravity, good faith and history are still applied to such violations when proposing a penalty, but no adjustment that resuits in a penalty below the statutory minimum is allowed. To achieve this minimum penalty effect, the Legislature used the following language: "Notwithstanding Sections 6317 and 6434, afly employer who fails to provide the facilities required by the field sanitation standard shall be assessed a civil penalty under the appropriate provisions of Sections 6427 to 6430, inclusive, except that in no case shall the penalty be less than seven hundred fifty dollars ($75O) for each violation." Section 6409,1(b) states, "An employer who violates this subdivision may be assessed d civil penalty of not less than $5OOO."
By selecting different language in section 6409.1(b) the l,egislature communicated its intent was something other than a minimum penalty in ai1 cases for a reporting violation. "It is a settled rule of statutory construction that where a statute, with reference to one subject contains a given provision, the omission of such provision from a similar statute concerning a related subject is significant to show that a different legislative intent existed with reference to the different statutes.' (Los Angeles Countg Metropolitaru Transp.
Authoritg u. Alameda Produce Market, LLC (2OI1'l 52 Cal.4th 1100, 1108 quoting In re Jennirugs (2OO4) 34 Cal.4lh 254, 273.)
3
06/27/2023 Item No.7.
Faced with the ambiguity of section 64O9.1(b), the Appeals Board reasoned in Callawag and,- T?ader Den's that the facts surround'ing the violation could be looked to in an effort to impose equitable penalties that would, over tirne, result in like-situated employers paylng like penalties. And, given ihe broad authority granted the Board by Labor Code section 66O2, and Jil"rr"" in Labor Code *ettiott 64O9.1(b) regarding any intended curtailment of that authority, the Board exercised its authority to reach a fair penalty in each case. The Board implemented the kgislature's intent to generally raise the penalty for failing to iimetyreport contained in section 64O9.1(b) by beginning each penalty assessment at the $5OOO level established there.
However, the penalty-setting factors considered in those decisions have not resulted in an increasl in compliance by employers, or a decrease in the number of 342(al violationsa. ffre subjectivity inherent in the penalty deterrninations based on the rnany factors consid.ered by the Board's several ALJs in the exercise of their discretion has resulted in some similarly situated ernployers paying dissimilar penalties. Thus, though the Board's stated goal in its section-SiZip;) penalty decisions was to encourage employers to report late rather than not'at all, that methodolosr appears to have had no effect on reporting. (We expected to see an increase in late reporting violations, as more ernployeis would ieport serious injuries, albeit late. Instead, there has been no ur-,"f, discernable statistical irnpact on section 342(a) violations either before or after t16e Calloytay decision, or before or after hlrre Trader Dan's decision.) The OSH Act intended similarly situated ernployers to receive similar penalties. One way the Act does so is by requiring the Division to take into account the size, good faith, and history of an employer in determining the proposed penalty. ll,.bor Code S 6319; CCR, title 8, section 336(d).) However, ihr'Oiui*ion, in-Director's Reguiation section 336(a)(6), has interpreted Labor Cod.e section 641g.1(b) to *eitr the Division may only assess a $5000 penalty, in spite of the failure of section 6409.1(b) to instruct the Division not to, in this unique circumstance, give due consideration for the size, good faith, and history of employer*-*-h.t determining a proposed penalty. The Division's interpletation ln -thi* r"g*rd also requires assuming implied repeaf of portions of Labor Code section OStg. Repeal 6y implication is consistently disfavored by California courts. (Schatz u. A{Ien Matkins Leck Gamble & Mallory LLP l2OO9\ 45 Cal.4th 552, 5i1 [courts give full effect to all interrelated portions of a statutory scheme, and recognize repeal by implication only when two provisions are irreconcilable]')
The Division's regulatory interpretation also ignores the other option apparent in the texi of section 64o9.1(bi, to wit, a zeto penalty' "1n1a*inistrative construction of a statute, while entitled to weight, cannot pt*u"if when a contrarSr legislative purpose is apparent. (Sanclrcz v' a Citations for 342(a| violations since 2OOBr 526 (2008), 454 QAO9\,504 (2010), 399 (2oI1)' Tradgr Dan s, supra,was issued in october 2009. This clata does not support an inference of a lrend temporally related to the decision.
4
06/27/2023 Item No.7.
Unemployment Ins. Appeals Bd., supra,2O Cal.3d 55, 67; Mlkinsonv, Worlcers' Comp. Appeals Bd. (1977) 19 Ca1.3d 491, 501 [138 Cal.Rptr. 696, 564 P.2d 8a8l; Riuera u. Citg of Fresno, supra, 6 Cal,3d I32, 140.)" (Pactfrc Legal Foundation u. Unemplogment Ins, Appeals Bd. (1981) 29 Ca1.3d 101, 117.) The Director's administrative construction of the enactment cannot prevail because a different intent is apparent. An administrative agency may not adopt a regulation unless it is consistent with the statutes being implemented or interpreted. (Gov. Code S 11342.2; Woods u. Superior Court (1981) 28 Ca1.3d 668,679; Nortel Netusorlcs, Inc. u. Board of Eryalization (2011) 191 Cal.App.4th 1259, 1276-t277.1
Regulations that fullill the agency's delegated authorit5r are considered quasi-legislative and are upheld unless the "classification is 'arbitrary, capricious or [without] reasonable or rational basis." (Yamaha Corp. of America u, State Bd, af Equalization (1998) 19 Cal. 4ft 1, 1.1, quoting Cultigan Water Conditioning u. State Bd. of Dqualization (7976) 17 Ca1.3d B6, 93.) The pre-2oo2 penalty scheme appears to have been a reasonable implementation of the OSH Act. (Moore u. Califumia State Bd. of Arcountancg (1992l' 2 Cal. 4u 999, at 1013-1Oi4.) Courts presume the Legisiature, when enacting a statute, was aware of existing and related laws and intended to maintain a consistent body of rules. (Stone Street Capital, LLC v. Califurnia State Lottery Com'n (2008) 165 Cal.App. 4th 109, 118,) Other portions of the Act deterrnine adjustable penalties without specifically referencing the penalty adjustment statute, and section 64O9.1(b) can likewise be read as proposing an adjustable penalty, (Yoffie u. Mqrin Hospital Disf. (19871 193 Cal.App.3d 743,747-748 [principles of statutory construction include reading parts of a statue in context with the rernainder of the Actl.)
Last, the word "assess" in the amendment is ambiguous. The amendment describes a penalty that may be "assessed." This term is used in the regulations to refer to the gravity-based penalty prior to adjustment. (S 336(a)) The Division so referred to the word "assess" as meaning the gravity- based penalty, not the final penalty amount, in tkre rulemaking justification accompanying the adoption of section 336(a)(6). "Consistent with [existing] exceptions (to the gravity base of a regulatory penalty being $SOO1, the Division proposes to add a further exception to assess a minimum $SOOO penalty for a violation of Section 342. This proposed amendment to section 336 has no regulatory effect, because it merely makes Section 336 consistent with Labor Code section 6409.1 as recently amended. In the words of section 100 of Title 1 of the California Code of Regulations, Section 336 is currently inconsistent with, and superseded by, Labor Code section 6409.1 because it [current rule 336] creates a minimum $5OO penalty for reguiatory violations. In addition, the Division has no authority to adopt a regulation setting the minimum penalty for a violation of Section 342 lower than $5,0OO.' The then-existing rule did provide that the gravity base of regulatory penalty was $500, and that initial penalt5r amount was further adjusted for the size, good faith, and history of the employer. These modifications are not mentioned in the justification for 5
06/27/2023 Item No.7.
the rulemaking, and removiqg such modifications without mentioning that effect would troi'b" appropriate under the APA. (Govt. Code s 11346 et seq.) The Board assumes the Legislafure selected the word "assess" with regard to its use in the penalt5r setting regulations. (Califontia Assn of Medtcal p/oducts Suppliers u. Maxutell-Joltg I2OIL) 199 CaL ApP, 4 286, 3I5') It appears thi-the Legislature meant only to replace the $500 initial assessed plnalty amount repiesenting the gravity of the violation in section 336(a)(1) with a-new minimum $SOOO initial assessed penalty. (Moore u, California State Bd. of Accountancg ll992l 2 C,al.4t!J gg9, 1017, 9 Cal.Rp'tr.2d 358" 831 P'2d 7gS [[he Legislatuie i* pr"ru*ed to be aware of an administrative construction of a statute when the cbnstruction has been made known to it].) The choice of the word ,'assess" makes section 6409.1(b) ambigLrous because it could mear] either a pre-adjusted assessment, as in section 336(a), or a final penalty amount, as the penatty maximums in Labor Code sections 6428'643O use the word ,assess' to describe a penalty that could not be adjusted upward (though a downward adjustment is allowed). For all of these reasons, the provision is ambiguous.
The Appeals Board need not d.etermine the validity or invalidity of the Director's irnplementation of Labor Code section 6409,1(b) in section 336(a)(6) of its regulations because the Board has an independent duty to impose the "pprop.["te penalty, (Labor Code S 6602; see JVodel Netuarlcs Inc. u. State Bd. if'npi"titotTon (ZOttj 191 Cal.App.4th 1259,, 1277 [no deference accorded rlgrrt"toty interpretation that is in conflict with the intent of the statutel.) We im-ptem"nt that duty in a manner consistent with the discernable intent of the statute.
The legislative history of the 2OO2 amendment to Labor Code section 6409.1(b) also indicates that other penalty outcomes were permissible when a report was late. We are mindful of the comments in the Legislative Counsel's Digest indicating the purpose and effect of the legislation was that a penaity of $S6OO is to be imposed when an ernployer faiis to report. However, no mention is made of the iegislative intent when an Employer reports untimeiy, but indeed reports. In Tfad.er Dan's we recognized a great distinction between a late repori and a failure to report. To fulfill the Legislative intent contained in the language of the enactment, and the legislative history, we conclude that a fa.ilure io report violation must carry a penalty of $5000, The Legislature did not state in any portion of the Legislative history that an employer who reports three days lati must be given a $SOOO penalty. While we assume the new enactment intended to change existing law (Union League Club u. Johnson (1941) 18 Cal. 2d 275, 2781, we do not derive an intent to impose a $5OOO penaltSr for a late report from siience in the legislative history. ,,The final step (in statutory construction, after reviewing the language of the enactment and.-the legislative history) - and one which we believe should 6
06/27/2023 Item No.7.
only be taken when the first two steps have failed to reveal clear meaning - is to apply reason, practicality, and common sense to the language at hand. If possible, the words should be interpreted to make them workable and reasonable [citations], in accord with common sense and justice, and to avoid an absurd result [citations]." (Jensen u. BMW of Norih America,Inc. (1995) 35 Cal. App. 4b Ll2, 1"23, quoting Halbert's Lumber Inc. u. Luekg Stores Inc. (19921 6 Cal.App,4th 1.233, 7239-L24O.l Since the language, in context, is ambiguous, and the legislative history is silent, we construe section 6409.1(b) to allow for modification to the proposed $5OOO gravity based penalty, for factors of size, history and good faith, in the case of a late report. This is consist€nt with the Division's view of the effect of the enactment when it processed a regulatory change to be consistent with the Act. The result is that employers who report, though somewhat untimely, will receive penalty modifications as were applied prior to the amendment of Labor Code section 6409.1(b). This category of violator was not included in the legislative history as deserving of a $SOOO penalty regardless of other widely applied penalty setting factors. Treating this employer who reported a few days late, the same as those who fail to report at all leads to an unjuet and absurd results. (National Steel and Shipbuilding Compang 1/JVAASCO), Cal/OSHA App. 70-3794, Denial of Petition for Reconsideration (Sep. 20,201.2l', citing Barnes u. Chamberlain (1983) I47 CaL App. 3d 7e2\.
Here, a large ernployer (over 100 employees) was three days 1ate. If the employer had an effective IIPP and no previous violations, it would receive reductions therefore, (Labor Code section 6319; 336{d).) The matter is remanded to the Administrative Law Judge to determine these penalty-related facts, and to impose the proper penalty after giving due consideration for such factors.
ART R, CARTER, ED LOWRY, Mem
ITH S. FREYMAN
OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD
FrLED oN: DEC 0 4 Z[Ilt
7 -Qtr
06/27/2023 Item No.7.
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06/27/2023 Item No.7.
UNITED SIATTS
DEPARTMENT OF IAFOR
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1426584.015 | 1407673.015
Case Status: cLosED
Inspection: 1426584.015 - B&M Builders Inc.
OSHA
Inspection Information - Office: Ca Sacramento
Nr: 1426584.015 Report ID: 0950621 Open Date: 08/28/20L9 B&M Builders Inc.
3955 Missouri Flat Road union status: Nonunion
Placerville, CA 95667
SIC:
NAICS: 541330/Engineering Services
Mailing: 11330 Sunrise Park Dr, Suite C, Rancho Cordova, CA95742 InspectionType: Accident
Scope: Partial Advanced Notice: N
Ownership: Private
Safety/Health: Health Close Conference: 0L122/2020
Close Case: 0913012020
Related Activity: Type ID SafetY
Accident L4925L2
Case Status: CTOSED
Menu
Health
Violation Summary
Serious Willful Repeat
Initial Violations 1
Current Violations 1
Initial Penalty $4,725 $0 $0
Current Penalty $470 $0 $0
FTAAmount $0 $0 $0
Other Unclass Total
1 I
$0 $0 $4,72s
$0 $0 $470
$o $o $o
Violation Items
Abate Curr$ Init$ Fta$# ID Type Standard Issuance Contest LastEvent
06/27/2023 Item No.7.
1. 01001 Serious 3395(DX3) 0U31/2020
Case Status: CLOSED
Inspection: L4O7673.O15 - B&M Builders Inc'
Case Status: CLOSED
$470 $4,725 $0 021L012020 O - Administrative Law Judge Order Violation Summary
Serious Willful Repeat Othel Unclass Total
Initial Violations 3 2 5
CurrentViofations 3 2 5
Initial Penalty $14,850 $0 $0 $820 $0 $15,670
Current Penalty $12,350 $0 $0 $820 $0 $13,170
FTAAmount $0 $0 $0 $0 $0 $0
#ID
1. 01001
2. 01002
3, 02001
4, 03001
5. 04001
Ilpe Standard
other 339s(EXs)
Other 3395(I)
Serious 1712(CX1)
Serious 3395(DX3)
Serious 339s(F)(2)(A)
Violation Items
Abate Curr$ Init$ Fta$
1213012019 $410 $410 $0
0u0712020 $410 $410 $0
$4,950 $4,950 $0
0ul2l202r $3,700 $4,9s0 $0
0u1212021 $3,700 $4,9s0 $0
LastEvent
O - Administrative Law Judge Order
O - Administrative Law Judge Order
O - Administrative Law Judge Order
O - Administrative Law Judge Order
O - Administrative Law Judge Order
Issuance
L2lr0l2019
Lzlr0l2019
12lL0/20t9
1211012019
12lr0l20L9
Contest
0112712020
0r12712020
0L/2712020
0r/2712020
0t12712020
Accident Investigation Summary
Summary Nr: 122391,015 Event: 06/12i2019 Employee Becomes Ill From Heat Related Illness At approximately 1:00 p,m, on June L2,20L9, an employee was doing concrete work . The employee started cramping and sweating and developed a low head rate and blood pressure, The employee was hospitalized to treat this heat illness' Keywordsl heart, heat, heat index, heat-related illness Inspection Degree Nature Occupation
I 1407673.015 Non Hospitalized injury Construction laborers Nr: 1407673.015
B&M Builders Inc.
2960 Howe Ave.
Inspection Information - Office: Ca Sacramento
Report ID: 0950621 Open Date: 06/I3120L9
Sacramento, CA 95821
SIC:
Union Status: NonUnion
NAICS: 541330/Engineering Services
Mailing: 11330 Sunrise Park Dr. Suite C, Rancho Cordova, C495742 InspectionType: Accident
Scope: Partial Advanced Notice:
Ownership: Private
SafetyiHealth: Health Close Conference
Close Case:
N
ID
LLl28l20t9
0t12712021
Safety HealthRelated Activity: Type
Accident 7464667
06/27/2023 Item No.7.
UNITED STATES
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
200 Constitution Ave NW
Washington, DC 20210
t 800-321-6742 (OSHA)
TTY
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06/27/2023 Item No.7.
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06/27/2023 Item No.7.
Depfltnedd
ld$[idRdati]n$
ATATE OF CALIFORNIA
Case Information
Case Number: LWDA-CM-289842-17
Plaintifffor PAGA Case: A former
Filer/Attorney for PAGA Case: Gaines & Gaines, APLC
Law Firm for PAGA Plaintiff: Gaines & Gaines, APLC
Employer: CENTRAL VALLEY ENGINEERING & ASPHALT, INC.
Date Case Received:
Filer for Employer:
Employer Filer Firm:
Court Type:
Court Name:
PAGA Court Case Number:
Violation Type:
Related BOFE Case:
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PAGA NOTICE PUBLIC SEARCH - CASE DETAIL
SubmittedName
21912023 | Page 1 of I
06/27/2023 Item No.7.
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Facsimile:
HAI\K G. GREENBLATT, ESQ. 143415
DREYER BABICH BUCCOLA CALLAtrAIVI
20 Brcentenntal Crrcle
Sacramento, cA 95826
379-3500
& WOOD, LLP
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO
Case No.:
1 I 379-3599
Attorneys for Plaintiff
DAVE LUCCI,
Plaintiff,
v
OF CENTRAL VALLEY
& T,INC., and
I through 20, inclusive,
Defendants.
PlarntrffDAVE LUCCI complain against Defendants CITY OF FOLSOM, CENTRAL VALLEY ENGINEERING & ASPHALT,INC., and DOES I through 20, inclusrve, and allege as follows:
ii*, "^or" o. ^"rron(Personal Iniuries)
l. The tnre names and capacrtes -- whether individual, corporate, associate or otherwrse - of Defendants DOES I through 20, are unknown to Plaintif{ who therefore sues such DOES by such fictitious names. Plarntrff will arnend this Complamt to show their kue names and capaortres when the same have been ascertainsd. Each of the Defendants, and DOES 1 through 20, are legally responsrble m some manner - neghgently, in warranty, stnctly, or otherwise -- for the incident that ls the sublect of this Complarnt.
Complalnt for Personal Infurles
-1-
of
sar.ramento
Casrr
I
DGpsrlnont
_ Atolgnmente
case Managemonl 4J
Lafl and Molron 53
Mrnots Compromtse i2
COMPLAINT F'OR PERSONAL
INJURIES
i'f,ir
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06/27/2023 Item No.7.
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28 2. Plarntrff ls now, and at all times herem mentioned was, a cttrzen of and resident wrthin the County of Sacramento, State of Cahfomia. Plamtiff further alleges that each Defendant rs a crtizen and resident of,, or doing buslness witlun, the County of Sacramento, State of Califomia, and/or is a pubhc entity witlun the State of Cahfomta. The amount tn conhoversy rs in excess of the minimal;urisdictional hmits of thrs Court.
3. Plarntrffhas caused a written Clarm for Personal Injwies to be served on City of Folsorn, which clarm has been denied by the appropriate authonties. Plaintiffs have complied with all applicable Government Code claims procedures.
4. Defendants CENTRAL VALLEY ENGINEERING & ASPHALT, INC., and DOES ll through 20 made the repairs to the roadway wrth the knowledge, consent and permission of Defendants CITY OF FOLSOM and DOES 1 through 10, and withrn the cowse and scope of their agency andlor employment with Defendants CITY OF FOLSOM and DOES I ttrough 10.
5, Defendants CENTRAL VALLEY ENGINEERING & ASPHALT, INC., and DOES 11 thnough 20 were the agents, employees or contractors of Defendants CITY OF FOLSOM and DOES I through 10, and were at all times acting within the course and scope of said agency, employment or contract, and with the permission, knowledge and consent of each remaning Defendants.
6. Dofendant CITY OF FOLSOM and DOES 1 through l0 also negligently hrred, trained, and/or supervsed Defendant CENTRAL VALLEY ENGINEERING & ASPHALT, INC., and l1 through 20 in such a fashion as to cause and/or cont:bute to the occulrence of the incrdent described herern.
7. Defendants CITY OF FOLSOM and DOES I through l0 are hable to Plarnfiffs for the negligence of Defendants CENTRAL VALLEY ENGINEERING & ASPHALT, INC., and DOES 11 through 20 wrthin the course and scope of the latter's employment and/or agency, by virtue of Government Code Section 815.2. All Defendants are hable to Plaintiffs for therr negligence, pursuant to Government Code Section 820.
8. On or about June 2, z}0g,Defendants CENTRAL VALLEY ENGINEERING & Complrint for Personel Iniuries
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06/27/2023 Item No.7.
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28 ASPHALT, INC., and DOES ll through 20, made repaln to Seaton Dnve in the County of Sacramento, State of Cahfomia. At the s:rme general trme and locatton, PlaintiffDAvE LUCCI was dnving northbound on Seaton Dnve, when Plarntrff shd on the repaired area that was covered with sand, thereby causing iojury and damages to Plarntiff,
9. Defendants, CITY OF FOLSOM, CENTRAL VALLEY ENGINEERING & ASPHALT, INC., and DOES 1 througlr 20, and each of them, negligently entnrsted, managed, maintained, drov€, operated, reparred manufactured and designed the roadway so as to cause the resultrng injuries and damages to Plarnhffs.
10. As a result of the negligence of Defendants, Plarntrff DAVE LUCCI suffered personal/bodrly rnjuries, resultmg m economlc and non-economlc damages. Economrc damages include, but are not lirnited to, (1) past and future medrcal and/or ancillary related expenses, (2) past and future income and/or eammg capacity loss, (3) loss of ability to provide household services, and (a) rncrdental and consequential damages and/or property damage and loss of use.
Non-economrc damages mclude, but are not hmited to (l) past and future phystcal and mental suffering, (2) loss of enjoyment of hfe, (3) physrcal impairment, (4) inconvenience, (5) anxiety, and (6) emotional distress.
PlarntiffDAvE LUCCI prays for;udgment against Defendants for:
a. Non-economrc damages m excess ofthe.lunsdictional hmrt of thrs Court; b. All medical and rncidental expenscs accordrng to proof; c. All loss of eamings accordrng to proof;
d. Prejudgment mterest to the extent permrtted by law;
All costs of suit; and
Such other and further relief as this Court may deem just and proper.f.
DREYERBABICH BUCCOLA CALLAHAM & WOOD, r,r,p
e.
DATED: r I
ql4q
HANK G. GREENBLATT
Compldnt for Personel Infurles
-3-
06/27/2023 Item No.7.
ATTORNEY OR PARW WTHoUTATTORNEY (ltla,''', stab ttrfnumba4.N rddt .E) Stephen E. Horan, Esq, (SBN 125241)
-PORTER SCOTT
350 University Avenue, Suite 200
Sacramento, CA 95825
rErEpHomNo (916) 929-1481 FAxiro (orb'at (916)927-3705
E.ltAlt AOOREES {qp&on 4
ATTORIiIEYFOR (w.rr.) OF FOLSOM
FOeCOUITaAeOn Y
IL }II}ORSED
ocT I 6 2009
By:
N^ME OF COURT
srREErAooREss 720 Ninth Steet
MAIUNGADDRESS
crwAr{o zrP coDr Sacramento 95814
SRANGH ITAME
SHORTTITLE:
LUCq V. CITY OF FOLSOM, ET AL.
cRoss-coiirPlrrNANT,
City of Folsotn
CROSS.DEFENDANT
Cental Valley Engineering & Asphalt,Inc. ("CVEA"); Financial Pacific Insurance Company ("FPIC"); and
ffi ooes r ro 50 fo.lelrr<Nf ^
C ROSS-CO tlt PLAI NT+ercon al lnJ u ry, Property Damage, Wrongf u I l-l lueuDED (Number);
Death
Causes of Actlon (check all that qply):
lTl lpportionment of Fault fTl Declaratory Relief
fFl naernnlflcatlon fil ottrer (sp*tly)z Breachof Contract Jufadictlon (check all fin,at epply);
l-l lclot ts A LtMtrED ctvtl cAsE (025,000 or lecr)
lFl lclon ls Ail UNLIm|TED clvlL cAsE (cxcecds $25,000) I l-l ic ITI is not rccleceilbd ag unlimited by thic cross'comPlalnt
CAAE NUMBER
34,2009-0005701 8
1. CROSS-COMPI AINANT (name): City of Folsom
alleges causes of action aganst CROSS-DEFENDAIIT (name):gyBA; FPIC; and DOES l-50, Inclusive 2 This pleading, rncluding exhibils and attachmenls, consists of the following number of pages: _3- 3, Each cross-complainant named above is a competent adult a. fTl exceptctoss-complatnant (name): City of Folsom
(1) l-l a corporatrcn qualified to do business in Califomia (a l-l an unincorporated errtity (describe):
(3) fn a public entiU (desadDe):
(4) l-''l a minor I-l an aduft
(a) fl for whom a guardian or conservator ol lhe estate or a guardian ad litem has been appointed (b) l-l other (sPecifr):
. (5) la other (sPecilY),
E lnformation about additional cross-complainanle who arc not cotnpetent adults is contained ln C ross-Complalnt-Attadtmenl 3.
PLDfl{t02
tror 6lt
ForYn Approvad for Oplonsl UEr
JudEal Coumrl of Caliloml.
PLD.PI{e [R3v Janury 1,200?l
CROSS-COMPLAINT-PeIIona| lnjury' Cod. ot Crd Procldr., I {25 t2 Property Damage, Wrongful Death
I*nilrl;tso Awomated Caldomw Jtdtaal Council ForntPage 139 06/27/2023 Item No.7.
PLDpl.002
SHORT TITLE:
Lucci v. City of Folsom, et al.
CASE NI,MEER
34-2009-0005701 8
(4) l-l a publlc entlty (descrlbej, (4) l-_l a pubtic entlty (descnbe):
G) l-l othet (specfl): (5) n oldrrer (spectfy):
f] lnformalion about addilional cross-defendante who ere nol nalural persons ls contained ln Cross-Complaint-Atladrment 4.
5. The true names and capacilies of cross.defendanis sued as Does are unknown to uoss-complalnant.
6. n Cross-complainant is required to comply wlth a claims statule, and a. l- has complicd with appl'rcable claims slatutes, or b. f-: is excused from complying b€cause (specify)'
E]
4. Each cross-defendani named above is a natural person a. El exccptcross-defendant (name)CYEA
(1) n a business organlzation, form unknorrn
(2) m acorporalion
(3) f:] an uninoorporated entity (describe):
7 8.
b. lx-l axcept cross-defendant (namc): FplQ
(1) f-.l a bustness organtzatior, form unknown
(2) fXl a corporation
(3) l-l an unincorporated entrty (descibe):
FIRST Ceuse ol Acdon-{ndemnlfl caton
(NlIt'IBER)
a. Cross-defendants were the agents, employees, co-venturerc, parlnsrs. or in soma manner agsnls or principals, or bolh, for each other and were acting within the oourse and scope of thetr agency or employment. b. The ptincipal action alleges, among other thlngs, condud entiling plaintitf to compensatory damagee against me. I contend that I arn not liable for events and oocunences described in planttffs cornplaint. c lf I am found in soms manner responsible to plaintiff or to anyone else as a resull ol the incidents and oocunencas described ln plaintiffs complaint, my liability would be based solely upon a derivative form ol liabrlrty not resulting from my conduct, but only from an obligation imposed upon mG by law; therefore, I would be ontilled to corrplete indemnlty ftom each cross-defendanl.
E1 SECOND Cause of Action-Apportionmentof Fault
{NUMBER)
a. Each cross-defendant was responsible, m whole or rn part, for the in1uries, f any, sufiered by daintiff. b. lf I am judged liable to plaintffi. eadt cros*.defendant should be rcquired: (1) fo pay a share of plaintlft judgment which i8 in proportion to the comparstive negligence of that cross-defendant in causing plaintrffs damages; and (2) to relmburee me for any payments I make to plaintiff in excess of my proportional slrare of all cross-defendants' negligence.
CROSS-COMPLAINT-PersonaI Inlury, P'o'?ott
Prope$ Damage, Wrongful Death
IzxrsVens!& Autonnted Cdrtonaa Judtual Cototcil Forms
PLD.Pl.Oil [Rev Jgnuary i, 20frl
06/27/2023 Item No.7.
PLD.PI{IO2
SHORTTITLE:
Lucci v. City of Folsom, et al.
CASE t{U/aER
34-2009-00057018
e.E THIRD Caurc of Action-Deoleretory Reliel
(NUMBER}
An aclualconboversy exists between the partles conceming their respectlve dghts and duties beoause ooss-complainant @ntends and crossdefendant disputes l-l as speofied in Croe$-Complainl-Attaeiment 9 lTl aefollows:
Plaintiffalleges injury arising in part, from the work of CVEA under its contract with Folsom. Folsom is an additional insured with Financial Pacific Insurance Company, Policy #1761608 for said work.
Cross-Defendant's duty to defend is measured by whether therc is a potential for coverage in Plaintiffs allegations on their face establish such duty. Cross-Defendants have denied Folsom's tender and are in breach. Cross-Defendants breach has and continues to cause Folsom damage.
10. FOURTH Ca use of Actlon{qpecifi): Breach of Contract 11 (NTJMBER'
ptaintiff alleges injury arising, in part, from thc work of CVEA under its conbact with Folsom, Folsom is an additional insured with Financiil Psoifio Insurance Company, Policy #1761608 for said work. Cross-Ilefondanfs duty to defcnd is measured by whcthcr thcrc is a potential for coverage in Plaintifrs allegations on their facc cstablish such du$' Cross-Defendants havc denied Fohom s tendor and arc in breach. Ctoss-Defendants breach has and continucs to cause Folsom damagc.
lTl fne following aJditional causes of action are attiached and the statements below apply to each (in eac*. of the atlachments, - "ptatntiff meins 'bross+omptainant" and 'Aefendanf' means 'bross'defendantl:
a D Motorvehrcle
b. l-l General Negligence
c. l-l lnlentlonalTorl
d. l--l Productg Liabilrty
e. il Pramises Liabrtrty
f. l--l Other (specifi):
12. CROSS-COMPLAINANT PRAYS for ludgmcnl for coste of suit for such relief as is fair, just, and equitable; and for total and complete lndemnrty for any judgments rendered against me' judgment in a proportionate sharc from each crossdefendant. a judicial dctermination that cros+defendants were lhc legal cause of any injuries and damagBs suslalned by plalntff and that cross-defendants lndemnify mc, either completely or parlaally, for any sums ol money which may be recovered ageinst me by daintifi.
d. []l compensatory damages
-
(1) lTl (unftmited civilcases) according to proof.
(2) fI (fimiled civil cases] in the amount of: $
e. lTl other (spsci,n:
fees and costs
13. [--] tne paragraphs of this croes-complarnt alleged on informaton and beftef are as follows (spectfy pangraph numbers)t Date: Qslefer 16, 2009
Steohen E. Horan. Eso.
(TPE OR PRINT NAIIE} oF cROSS-COfpl.AllNANT OR ATTORIEn a.F',lb tTl
C. Ffl
PLDfI-G2 [Rev Jehu.ty 1.20071 CROSS-COltlPLAlNT--PeEon.l lnj ury' Property Damage, Wrongful Death
IrxtsMevls Autorrratcd Calforma Judtctal Cawcil Forms
Plgp3 otl
06/27/2023 Item No.7.
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28 Paltlr lrco""
J50Umv6rvAv.3$E2m
Sanmilq CA 9t825
Ttl 916 929 laSl
FAX 9t 6 t:t !t(b
w$trwt@llum
LucqlJ, Citv qf Folsom. et al.
Sacramento County Superior Court, Case No. 34-2009-00057018 PROOF OF SERVICE (CCP l0l3(a).29rs)
I am a citizen of the United Statcs and a resident of the County of Saoramento. I am overthe age of eighteen years and not aparty to the above-entitled actioq my business address is 350 University Avenue, Suite 200, Sacramento, CA 95825.
On the date below I served the enslosed CITY OF' FOLSOM'S CROSS- COMPLAINT and SUMMONS ON CROSS-COMPLAINT addressed as follows:
Attornevs for Pleintiff
DAYE LUCCI I
Hank G. Greenblatt (SBN.l434l
DREYER, BABICH, B
CALLAHAM & WOOD, LLP
20 Bicentennial Circle
Sasramento, CA 95826
Tel: 916-379-3500
Fan: 916-379-3599
Email: hereenblatt(A.dbbc.com'
Attomcys for Defendant/Cross-Defendant
CENTRAL VALL_E_Y ENGINE_E-RrNG &
ASPHALT.INC:
Bradley R. Larson
GREVE, CLIFFORD,
WENGEL & PARAS, LLP
2870 Gateway Oaks Drive, Suite 210
sacramentb, cA 95833 -4324
Tel: 916-443-2011
Foc: 9t6-441-7457
Email: [email protected]
5)
UCCOLA,
r' _ BY MAIL. I am familiar with this Company's practice wlrereby tho mail, after being placed in a designated area, is given the appropriate postage and is deposited in a U.S. mailbox in the City of Sacramento, California, after the close of the day's business.
BY PERSONAL SERVICE. I caused such dioument to be delivered by hand to the offie of tne person(s) listed above.
BY FACSIMILE TRANSMISSION A}ID MAIL. I caused such documeNt tO bE ffified via facsimile to the nurnbers above, with copies fotlowing by United States mail at Sacramento, California.
BY OVERNIGHT DELMRY. I caused such document to be delivered by ovemi$t delivery to the offtce of the person(s) listed above.
I declare under penalty of perjury that the foregoing is true and conect and was executed on October 16,2009.
r(
00728t42 WPD Page 142
06/27/2023 Item No.7.
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28 LEEGOFF LAW FIRM
AvaL. Goff, SBN 282713
1850 Howe Ave. Ste. 270D
Sauarnento, CA 95825
Te[: 916-649-1364
Fax: 916-649-1377
Attorneyfor Plaintiff
Bee Lor
FILET}
Supedor€ourt Ol
$gsrlmento
fi,27ntr17
imorB
B-
Cerrr f{umbnr:
34-2017
n
vs.
SUPERIOR COI.JRT OF CALIFORMA
COUNTY OF SACRAMENTO
Bee Lor Case No.:
Plaintiff, COMPLAINT FOR NEGLIGENCE
Antonio Garcia, Central Valley Engineering &
Asphalt,Inc. and DOES 1-10
Defendant
PlaintiffBee Lor complains against Defendants Antonio Garcia, Central Valley Engineering & Asphalt,Inc. and DOES l-10 (collectively "Defendants') and allege as follows:
GENERAL ALLEGATIONS
t. The true natnes and capacities - whether individual, corporate, associate or otherwise - of Defendants DOES I through 10, are unknown to Plaintiff, who therefore sues such DOES by such fictitious names. Plaintiffwill amend this Complaint to show their true names and capacities when the same have beeri ascertained, Each of the Defendants and
COMPLAINT FOR NEGLIGENCE
'7
Dcputy
363
06/27/2023 Item No.7.
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28 DOES I through 10, are legally responsible in some matrner - negligently, in warranty, stricfly, or otherwise - for the incident that is the subject of this Complaint.
2. Plaintiff is now, and at all times herein mentioned, a resident of thc County of Butte, State of California. Plaintifffurther alleges that each Defendant is a citizen and resident of, or doing business within, the County of Sacramento, State of California.
3. Defendant Central Valley Engineering & Asphalt Inc. is a Califomia Corporation doing business in the County of Sacramento, State of Californii. Plaintifffurther alleges that Defendant ANTONIO GARCIA is a citizen and resident of, or doing business, within the County of Sacramento, State of California. the accident which is the subject of this ' action occured in the County of Sacramento, California. The arnount in controversy is ir excess of the minimal jurisdictional limits of this Court.
4. Plaintiffis informed and believes and thereon alleges that at all times herein mentioned each of the Defendants were the agent, employee, or contractor of each of the remaining . Defendants and, in doing the things hereinafter alleged, was acting within the course and scope of such agency, employment, or contract.
5. Plaintifffirther alleges that Defendants negligently hired, trained, anil/or supervised the other Defendants in such a fashion as to cause and./or contribute to the occturence of the incident described herein.
6. Defendants were the owners and/or operators of the subject vehicle(s). All defendants operated the vehicle(s) with the knowledge and consent of all other Defendants.
FIRST CAUSE OF ACTION
(Nceliqence)
COMPLAINT FOR NEGLIGENCE
2
06/27/2023 Item No.7.
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28 7. Paragraphs I tlnough 4 of this Complaint are incorporated into this cause of action as though fully set forth herein.
8. On November 4,2A15, PlaintiffBee Lor was the seat belted driver of a 2010 Toyota Camry. Plaintiffwas haveling westbound in the number 5 lane on Interstate 80 in Sacramento County, Califomia. Plaintiffslowed his vehicle and came to a complete stop in response to slowed and stopped traffic ahead of him. At the sanie time and location Defendants failed to pay attention to traffrc ahead of him and rear-ended Plaintiffs vehicle, thereby causing injuries and damages to Plaintiff.
9. Defendants negligently entrusted, managed, maintained, drove, operated, repaired, manufactured and designed the vehicle so as to cause the collision and the resulting injuries and damages to Plaintiff.
10. As a result ofthe negligence of Defendants, Plaintiffsuffered personal / bodily injuries, resulting in economic and non-economic damages. Economic damages include, but are not limited to, (l) past and future medical and/or ancillary related expenses, (2) past and funre income and/or earning capacity loss, (3) loss of ability to provide household serviceS, and (a) incidental and consequential damages and/or property damage and loss of use. Non-economic damages include, but are not limited to (l) past and firture physical and mental suffering, (2) loss of enjoyment of life" (3) physical impairment, (4) inconvenience, (5) anxiety, and (6) emotional distress.
Plaintiff Prays for judgment against Defendants for:
a. Non-economic damages;
b. All medical and incidental expenses abcording to proof; c. All loss of earning according to proof;
COMPLAINT FOR NEGLIGENCE
3
06/27/2023 Item No.7.
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e.
f.
Prejudgment interest to the extent permitted by law;
All costs of suit; and
Such other and further relief as this Court may deem just and proper.
LEEGOFF LAW FIRM
J,p.,//1>w
Attomey for Plaintiff
COMPLAINT FOR NEG LIGENCE
4 Dated: October 26,2017
06/27/2023 Item No.7.
Attachment 3
Response letter from Central Valley Engineering
& Asphalt
06/27/2023 Item No.7.
CENTRAT VALLEY
--
ENGINEERING
& AtPHALT. lNc.
General Engineering Contractor
CA Lic. No. 773404' NV Lic. No. 0068786
June 13,2023
Ryan Chance, P.E.
Capital [mprovements Project Engineer
City of Folsom - Public Works Department
50 Natoma Street
Folsom, CA 95630
Re: Blue Ravine Rd. - Prairie City Rd./E. Bidwell St. Pavement Rehabilitation FY 22-23 Dear Mr. Chance,
This letter is in response to the bid'oadvisory" that was levied by the Foundation for Fair Contracting (FFC), I would like to thank you for the opportunity to respond to this protest attempt. There are several reasons why this protest should not be considered' The first of which is that per the Resolution of Disputes Regarding the Bidding Process found in the Crty's Projeci Manual and Bid Documents, the FFC has no legal standing in which to file a proiest against our bid. Per the Resolution of Disputes, Section 2,*All bi4ders will be providedwith an opportunity to bring to the City Council's attention disputes and/or protests iegarding the bidding process." and clearly, the FFC was not a bidder. The FFC's interest in these bid results is a product of the first and second place bidder being non-union contractors and the third place bidder being an FFC donor and srlpporter.
However, the above procedural reason why the protest should not be considered is not the full story. The most important reason why Central Valley Engineering & Asphalt, inc. should be considered a responsible bidder is that the FFC's claims are either misleading or false' These claims are dishonest and predatory and were made in an attempt to discredit our company and cause slanderous and defamatory damage to our reputation. We believe the reason the FFC (funded by the Operating Engineers Local #3) has harassed us and other local area non-union contractors competing in the public works market is for the sole reason that we maintain our non-union status.
In an attempt to lend some context to the accusations levied against us, I will address the issues raised by the FFC. Over the course of our 23 years as a general engineering contractor in the Sacramento region we have had one occurrence of investigation from the Departrnent of Industrial Relations (DIR). This one occturence began in December of 2016' From seemingly nowhere, 26 investigations were launched by the DIR. Perhaps most illuminating 216 Kenroy Lane . Roseville, CA 95678'Tel. 916-791-1609'Fax. 916-791-6424Page 148 06/27/2023 Item No.7.
is that these investigations were initiated by complaints from the FFC, not our employees. The FFC alleged to the DIR a number of ridiculous claims, chief arnong them was that we were stealing the ernployees fringe pay. Noteworthy is that 3 separate Deputy Labor Commissioners admitted to us that in all their time at the DIR, they could only remember I time that a DIR investigation had been conducted against a union contractor. The DIR did a cursory review and issued wage and penalty assessments with very little investigation. Immediately after receiving the assessments, we met with the Deputy Labor Commissioner and were able to quickly demonstrate with docurnented proof that the claims made by the FFC were utterly baseless. After that meeting, the Deputy Labor Commissioner closed 21 of the 26 investigations with a finding of no wrong doing' The DIR did find small mistakes made on 5 of the projects for which they issued a penalty. In summary, the issues revolved around minor procedural irnperfections in how we were requesting apprentices from the apprenticeship committees. Several of the laborer apprenticeship committees share the same sffeet address. Rather than send multiple parcels to the same address, we were sending our apprentice request (DAS 1401142) paperwork to the committees that share the same address in the same envelope. We have since amended our process to send separate envelopes to each committee, even if they share the same physical address. Since we have made these minor improvements, we have had no new investigations from the DIR.
We find it ridiculous that the FFC has concluded that since our bid was below the engineer's estimate, that we must be stealing from our employees and that we will be forced to make up for any shortfall with unwarranted change orders. During the course of a long and mutually beneficial relationship with the City of Folsom, we have been the prime contractor on 3l projects with a construction value of approximately $18,500,000. Additionally, we have worked as a subcontractor for others contracted with the City or worked on private projects within the City over the course of our 23 years in business. These projects nurnber approximately 270 with a construction value of $7,000,000. We currently have several employees residing in the City, and the remainder of our workforce represents 24 other cities throughout the Sacramento region.
Contrary to the FFC's accusations, we request and employ all dispatched apprentices. Just in the past 5 years, we have hired 67 apprentices on various projects throughout the Sacramento region totaling pay of approximately $200,000.
06/27/2023 Item No.7.
The FFC alleges safety infractions that resulted in worker injuries. 15 years ago, in 2008, we did have an injury that resulted in lacerations to the forearm of our shop mechanic. We quickly and properly cared for the employee, but reported this injury later than required and were fined accordingly. It is preposterous to allege that this one injury indicates that we maintain an unsafe work environment. To the contrary, we consistently have maintained an experience modification rate below 1.0. We maintain an" A" rating with lSNetworld (ISN) and are Railroad and Gold Shovel Standard certified.
Finally, regarding the two lawsuits referenced by the FFC, I can confirm that we were sued by a motorcyclist that slipped on a newly paved road and we had an employee that was involved in a vehicle accident during the course of his employrnent.
We respectfully request that the City stand behind its fair bid results and reject the aggessive, predatory attacks against us and the second place bidder motivated for the sole reason that we dare to operate a legal, non-union business in the State of California. We request that the City accept our responsible low bid. We look forward to working with the City on this project.
Sincerely
ll,illlt frLjk
War."o Holt, P.E.
President
Attachment: Department of Industrial Relations Rescinding Letters CC: City of Folsom
Mayor Ro sario Rodriguez - rrodri guez@folsom' ca.us
Vice Mayor YK Chalamcheria - [email protected]'us
Councilmember Sarah Aquino - saquino@folsom'ca.us
Councilmember Mike Kozlowski - [email protected]'us
Councilmemb er Anna Rohrbough - annar@fol som. ca.us
Director of Public Works Mark Rackovan, P.E. - [email protected]
06/27/2023 Item No.7.
Labor Commissioncr, Statc of California
Deparlment of Industrial Relations
Division of LaLror Standards Enforcement
2031 Howe Ave, Suite 100
Sacramento, CA 95825
TEL: 916-263-3105
FAX: 916-263-2906
Edmund G, Brown Jr., Covernor
Central Valley Engineering & Asphalt, Inc., a California corporation 216 Kenroy Lane
Roseville, CA 95678
Warren G, Holt
T.}ATE:
Februaru 6- 20 I I
ln Reply Refer lo CasENol
40-53206
Projcr lrarnc
201 6 ADA Proiect ln,"j*t
no
Prihe Conlractor
Cenlral Vallev Enpineerins & Asnhalt- Inc. a Califomia corooration Subcontr2ctor
Central Vallev Ensineering & Asphall, Inc., a Cahfomia corporation
NOTICE OF COMPLAINT CLOSED
The complaint against the above-named contractor(s) is being closed for the following reason(s) l-lSuUject firm has satisfactorily paid all prevailing wages and/or penalties found due.
The statute of iimitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections 1720 through 1861) has expired. hformation 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 Commissioncr 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 (i 995), 3? Cal.App.4th 1517, 44Cal.Rptr.2d 862 andor consult with an attorney to determine ifyou may pursue any of the legal actions discussed in the f ippett v Terich decision.
is insufficient evidence to confirm California Public Work Law was violated Subject finn was not within the jurisdiction of California Public Work Law on this project.
Other:
STATE LABOR COMMISSIONER
By
Labor Commissioner II
PW 22 (R.!i\a1.4/rm2)
06/27/2023 Item No.7.
Labor Commissioner, Statc of California
Departnr ent of Industrial Relations
Division of Labor Staudards Enforcement
203 I Howe Avenue, Suite #100
sacramento, cA 95825
TEI.: (916)263-2901
FAX: (916)263-2906
Edmund G. Brorvn Jr., Govemot
Central Valley Engineering & Asphalt, lnc., A Califomia Corporation DA]Ei
June 29,2017
ln Reply Refer to Cue No:
40-53362
NOTICE OF COMPLAINT CLOSED
Poject Nore
9I55,STII,ST66-4sphalt Repair lr'o.iwr
r'ro
Paime Conhactor
Cenrrql Valley Ergine.ering & Asphalt, Inc., A California Corporation Subcontractor
Certral Vallcy tsngineering & Asphalt,Inc., A Califomia Comoration The complaint against the above-named contractor(s) is being closed for the following reason(s):
Subject finn has satisfactorily paid all prcvailing wages and/or penalties found due I lThe statute of limitations for the Labor Commissioner to proseeute California Public Work Law (Labor Code section s 1720 through I 86 I ) has expired. Information for claimant please note: There are olher legal claims which you may stili 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 wanr to review the California Court of Appeals decision in the case of Tippett v Terich (1995), 31 Cal.App.4th 1517, 44Cal.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.
X There is insufficient evidence to confinn California Public Work Law was violated.
Subject firm rvas not within the jurisdiction of Califomia Public Work Larv on this project.
Other:
By
STATE LABOR COMMISSIONER
Mc
PW 22 R.";""r-rnmi)
Commissioner I
06/27/2023 Item No.7.
Labor Commissioner, State of California
Department of Industrial Relations
Division of Labor Standards Enlbrcement
2031 Howe Avenue, Suite #100
Sacranrento, CA 95825
TEL: (916)263-2901
FAX: (916) 263-2906
Ednund G, Brown Jr., Governor
Central Valley Engineering & Asphalt, Inc., A California Corporation 216 Kenroy Lane
Roseville, CA 95678
DATE:
June 29 2017
lD Reply Refer to Cde No:
40-s3363
No.
0s1'50,sr5 1
Nde
8L Inc. A Califomia
Contretor
Cenlral
A Calilbrnia&Central
NOTICE OF COMPLAINT CLOSED
The complaint against the above-named contractor(s) is being closed for the following reason(s):
Subject firm has satisfactorily paid all prevailing wages and/or penalties found due.
The statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code section s 1720 through 1861) has expired. Information for claimant please note: There are other legal claims which you may still pursue even though thp 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 Cal.App'4th 1 5 17, 44Cal.Rptr.2 d 862 attdlor consult with an attomey to determine if you may pursue any of the legal actions discussed in the Tippett v Terich decision.
X There is insufficient evidence to confinn California Public Work Law was violated.
Subject firm rvas not within the jurisdiction of California Public Work Law on this project.
STATE LABOR COMMIS SIONER
By
PW 22 1r.'i'.a,lroour
Commissioner I
06/27/2023 Item No.7.
Labor Commissioncr, State of California
Department of Industrial Relations
Division of Labor Standards Enlbrcement
2031 Howc Avcnue. Suite #100
Sacramento, CA 95825
TEL: {9t6) 263-2901
FAX: (916\ 263-2906
Ddrnund G. Brown Jr., Govemor
Central Valiey Engineering & Asphalt, Inc., A Califomia Corporation 216 Kenroy Lane
Roseville, CA 95678
Warren Gilbert Holt
DATEI
lu e29"201-1
ln Reply Refer to CNe No:
40-53 364
NOTICE OF COMPLAINT CLOSED
Pro-jrct Nue
20 I 6 Residenlial St. Resurfacine lrroi*t
No
Prime Contr4tor
Central Vallev Ensineerins & Asohalt, Inc.. A Calilbnria Corporation SubcoDlractor
Ceniral Vallev Ensineerinq & Asnhalt. lnc.- A California Comoration The complaint against the above-named contractor(s) is being closed for the following reason(s):
Subject finn has satisfactorily paid all prevailing wages and/or penalties found due.
The statute of limitations for the Labor Commissioner to prosecute California Public Work Lavrr (Labor Code sections 1720 through 1861) has expired. Information for claimant please note: There are other legal claims which you may stili 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 tlre California Court of Appeals decision in the case of Tippett v Terich (1995), 37 Cal.App.4th 1517, 44Cal.Rptr.2d 862 and/or consult with an attorney to determine if you may pursue any of the legal actiotis discussed in the Tippett v Terich decision.
X There is insufficient evidence to confirm California Public Work Law was violated.
Subject frrrn was not within the jurisdiction of Califomia Public $/ork Lan' on this project.
Other:
STATE LABOR COMMISSIONER
By
PW 22 (Relhcd-a2or2)
Commissioner I
06/27/2023 Item No.7.
Labor Cotnmissioner, State of California
Departnrent of Industrial Relations
Division of Labor Standards Enforcement
203 I Howe Avenue, Suite #100
Sacramento, CA 95825
TEL: (916) 263-2901
FAX: (916)263-29A6
Ildmund C. Brown .1r., Governor
Central Vallcy Engineering & Asphalt, Inc., A Caiifomia Corporation 21 6 Kenroy Lane
Roseville, CA 95678
Warren Gilbert Holt
DATE:
June29-2ol'l
In Reply Refer to Cue No:
40-53365
NOTICE OF COMPLAINT CLOSED
Nme
UPRR &
Prime ContJaclor
Central Vallev Eneineerins & Asohalt.Inc.- A California Comorarion Subcontractor
Centml Vallev Ensineerins & Asohalt. Inc.- A Califomia CorDoration The complaint against the above-named contractor(s) is being closed for the following reason(s) Subject firm lras satisfactorily paid all prevailing wages and/or penalties found due.
The statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections 1720 through i861) has expired. Infotmation 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), 31 Cal.App'4lh 1517, 44Cal.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.
Subject firrn rvas not lvithill the jurisCiction of California Public Work Lalv on this project.
Other:
X
STATE LABOR COMMI S SIONER
By o- (]
/erryMcCIa{n
Deputy Labor Commissioner I
PW 22 &e\it d-attui
06/27/2023 Item No.7.
Labor Commissioner, State of California
I)epartment of industrial Relations
Division of [,abor Standards Enforcenrent
203 1 Horve Avenuc, Suite # I 00
Sacramento, CA 95825
TEL: (916)263-2901
FAX: (916).263-2906
lldmund G. Brorvn Jr., Governor
Centlal Valley Engineering & Asphalt, lnc-, A Califomia Corporation 216 Kenroy Lane
Roseville, CA 95678
DATE:
June 29.201 ?
ln Reply Refer to Case No:
40-53366
Project No.Nme
a Califomia
(ioniraclot
Central & Inc. A Califomia
NOTICE OF COMPLAINT CLOSED
The complaint against the above-named contractor(s) is being closed for the following reason(s):
Subject firm has satisfactorily paid all prevailing wages and/or penalties found due The statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections 1720 through 1861) has expired. Infonnation for claimant please note: There are other legal claims which you may stili pursue even though the statute of lirnitations 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), 3? Cal.App'4th' l5l7 ' 44Cal.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.
I X ltr"r" is insufficient evidence to confirm California Public Work Law was violated' Subject firm rvas not rvithin the jurisdic,tion of Califomia Public \\rork Law on this project.
Other:
STATE LABOR COMMISSiONER
By
J
PW 22 Gerid.rnoo2)
Commissioner I
06/27/2023 Item No.7.
Labor Commissioner, Strte of California
Department of Industrial Relations
Division of Labor Stsndards Enforcement
2031 Howe Avenue, Suite #100
Sacramento, CA 95825
TEL: (916)263-3923
FAX: (916)263-2906
Edrnund G. Brown.lr., Govcrnor
Central Valley Engineering & Asphalt, lnc.
216 Kenroy Lane
Roscville, CA 95678
I)ATE:
March 1,201?
tn Reply Refer to Ce No:
40-53378
Projwt Nmc
Pedestrian and ADA lnrprovements East Oak
Prcjecl No.
0 Piime Conrelor
e4..t l4lCyEaCllqqing & Asphalt, Inc.
Subcontractor
C€ntral Valley Engineering & Asphall Inc.
NOTICE OF COMPLAINT CLOSED
The complaint against the above-named contractor(s) is being closed for the following reason(s):
Subject firm has satisfactorily paid all prevailing wages and/or penalties found due.
The statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections 1720 through l86l ) 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 revielv the California Court of Appeals decision in the case of Tippett v Terich (1995), 37 Cal.App.4th 1517, 44Cal.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.
X
There is insufficient evidence to confirm Califomia Public Work Law was violated.
Subject firrn was not within the jurisdiction of California Public Work Law on this project.
Other: No violations found.
STATE I,ABOR COMMISSIONER
By
Thuy Pham
Deputy Labor Commissioner I
PW 22 a.o;*.vwy
06/27/2023 Item No.7.
Labor Comrnissioner, State of California
Dcpanment of lndustriaJ Relations
Division of Labor Standards Enforcement
2031 Howe Avenue, Suite #100
Sacramento, CA 95825
TEL: (916) 263-3923
FAX: {o16l,263-2906
Edmund G. Bror,l'n Jr., Governor
Central Valley Engineering & Asphalt, Inc
216 Kenroy Lane
Roseville, CA 95678
DATE:
October 27 201 8
In Reply Rel'er lo Case r-o:
40-53379
ProjetNme
Maidu Park Accessible Parkins Lot
Prcjet No
0 Prime CoDtBclor
Cenlral Vallev Eneineerins & Asohalt. Inc.
Subconioclor
Central Vallev Ensineerins & AsDhalt- Inc.
NOTICE OF COMPLAINT CLOSED
The complaint against the above-named contractor(s) is being closed for the following reason(s) Subject firm has satisfactorily paid all prevailing wages and/or penalties found due.
The 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 legat 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 Cal.App'4th I 5 I 7, 44Cal.Rptr.2d 862 and/or consult with an attomey to determine if you mav pursue any of the legal actions discussed in the Tippett v Terich decision.
X
There is insufficient evidence to confinn Califomia Public Work Law was violated.
Sr-rbject firm was not within the jurisdiction of California Public Work Lau'on this project.
Other: No violation found.
STATE LAtsOR COMMTSSIONER
By
Thuy Pham
Deputy Labor Commissioner I
PW 22 rR-1d at@r)
06/27/2023 Item No.7.
Labor Commissioner' State of California
Departtnent of lndustrial Relations
Division of Labor Standards Enforcement
2031 Horve Avenue, Suite #100
Sacramenlo, CA 95825
TEL: (916) 261-i923
FAX: {o16)263-2906
Edrnund C. Brown Jr., Covemor
Central Valley Engineering & Asphalt, Inc.
216 Kenroy Lane
Roseville, CA 95678
DATE:
Ocrober 27, 201 7
Reply Ref'st to C*c Nol
NOTICE OF COMPLAINT CLOSED
The complaint against the above-named contractor(s) is being closed for the following reason(s) Subject hrm has satisfactorily paid all prevailing wages and/or penalties found due' The statute of limitations for the Labor Commissioner to prosecute Califomia Public Work Law (Labor Code sections I 720 through t t6 t I has expired. Information for claimant please note: There are other legal claims which you may still pursue even though the statute of linritations has expired for the Labor Commissioner to enforce the public work provisions of the Labor Code- You may want to reviewtheCatiforniaCourtofAppealsdecisioninthecaseofTippettvTerich(1995),37Cal.App'4th l5l7' 44Cal.Rptr.2d 862 and/or consult with an attomey 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, Subject firm was not within the jurisdiction of Califomia Public Work Law on this project- X Other: No violations found
No
Pmject Nme
ADA
Contractor
&Central
&Central
By
STATE LABOR COMMISSIONER
Thuy Pham
Depuly Labor Commissioner I
PW 22 rt*i*"v:to:r
06/27/2023 Item No.7.
Labor Commissioner, Slate of California
Department of lndustrial Relalion s
Division of Labor Standards Enforcement
203 1 Howe Avenue, Suite # I 00
Sacramento, CA 95825
TEL: (916) 263-3923
FAX: (916) 263-2906
Central Valley Engineering & Asphalt, Inc.
216 Kenroy Lane
Roseville, CA 95678
DATE: lln Reply Refer ro CscNo:
I ao-s::stSeptember I 8, 20 I 7
Edmund G. Brorvn Jr., Governor
NOTICE OF COMPLAINT CLOSED
The complaint against the above-named contractor(s) is being closed for the following reason(s):
Subject firm has satisfactorily paid all prevailing wages andlor penalties found due.
The statute of limitations for the Labor Commissioner to prosecute Califomia Public Work Law (Labor Code sections I ?20 through 1861) has expired. Information for claimant please note: There are other legal claims n'hich you may still pursue even though the statute of limitations has expired for the Labor Commissioner to enforce the public rvork 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 Cal.App.4th I517, 44Cal.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 Califomia Pubiic Work Law was violated.
Subject firm was not within the jurisdiction of California Public Work Law on this project.
Other: No violations found.
Nme
Curb
No.
Contrelot
Inc.
X
By
STATE LABOR COMMISSIONER
Thuy Pham
Deputy Labor Commissioner I
PW 22 (R6id-{rrdrr)
06/27/2023 Item No.7.
Labor Commissioner, State of California
Department of Industrial Relations
Division of Labor Standards Dnlorcement
203 I Howe Avenuc, Suite #100
Sacramento, Cn 95825
:
TEL: (916)263-3923
FAX: (916) 263-2906
Edrnund C. Bror.vn Jr., Governor
Central Valley Engineering & Asphalt, Inc.
216 Kenroy Lane
Roseville, CA 95678
DA-IE:
September I 8, 20 I 7
Io Reply Refcr to Cae No:
40-533 84
NOTICE OF COMPLAINT CLOSED
Proj6t Nore
lr,'j*,
r.ro
Slreet Ilnprovements East Broad Street & Main Street
Priae Controctor
Central Valley Engineering & Asphal(, Inc.
Subcootracior
Central Valley Engineering & Asphalt, lnc.
The complaint against the above-named contractor(s) is being closed for the following reason(s):
Subject firm has satisfactorily paid all prevailing wages and/or penalties found due.
The statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections 1720 through I 861) 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 Cal.App.4th 1517, 44Cal.Rpft.2d 862 and/or consult with an attomey to determine if you may pursue any of the legal actions discussed in the Tippett v Terich decision.
X
There is insufficient evidence to confirm California Public Work Law was violated.
Subject firni \,yas noi within the jurisdiction of Califcnia Public Work Law on this project.
Other: No violation found,
STATE LABOR COMMISSIONER
By -\4tn
Thuy Pham
Depuf Labor Commissioner I
PW 22 tR+rs.rBD:r
06/27/2023 Item No.7.
l,abor Conrmissioner, Slate of California
l)ivision ol l,abor Standards Enforcentent
2031 Howe Avcnue, Suite #100
Sacranrento, CA 95825
'l'EL: (916) 263,3305
FAX: 263-2906
ent of Industrial Relations
Central Valley Engineering & Asphalt Inc.. a California corporation 216 Kenroy Lane
Roseville, CA 95678
Warren C. Holt
Edmund G, Brorvn Jr., Governor
2018
DATE: Rcply Refer to Case No:
NOTICE OF COMPLAINT CLOSEI)
Mi
Projrct Nmrc
lUI
l'rojeol No.
a California
Prime Controclor
Central
a California&
The complaint against the above-named contractor(s) is being closed for the following reason(s) Subject firrn has satisfactorily paid all prevailing wages ard/or penalties found due. |*lrne statute of limitations for the Labor Commissioner to prosecute California public Work Law (Labor Code section s 1720 through 1 86 I ) 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 lo enforce the public work provisions of the Labor Code. you may want to reviewthe Califomia Court of Appeals decision in the case of Tippettv Terich (1995),37 Cal,App.4th 1517, 44Cal.Rptr.2d 862 and/or consult with an aftorney to determine if you may pursue any of the legal actions discussed in the Tippett v Terich decision.
X There is insufficient evidence to confinn Califomia Public Work Lavr was violated.
Subject firm was not within the jurisdiction of Califon'ria Public Work Law on this project.
Other:
STATE LAB COMMISSIONER
By
Labor Commissioner II
PW 22 1r6r.d aa(E)
06/27/2023 Item No.7.
Labor Commissioner, State of California
Department ol lndustrial Relations
Division ol' Labor Standalds Enlirrcement
203 I Horve Avenue, Suite #100
Sacramento, CA 95825
TEL: (916)263-667s
FAX: (916) 263-2906
Edmuncl C. Bro."vn Jr.- Governor
Central Valley Engineering & Asphalt, Inc.. a California corporation 216 Kenroy Lane
Roseville. CA 95678
Warren Gilbert Holl
DATE,
Aoi,l2l,2Al7
ln Rcply Reier to Casc No
40-53458
Preject Name
Brunswick Road Pavement Rehabilitation Proiect
lPrqecr No
lo
Prime Contraclor
Central Vallev Ensineerins & AsDhalt. Inc.. a Calrtbmia corooration S!bconl.aclor
Central Vallev Eneineerine & Asohalt. Inc.. a California comoration
NOTICE OF COMPLAINT CLOSED
The complaint against the above-named contractor(s) is being closed for the following reason(s) Subject firm has satisfactorily paid all prevailing wages and/or penalties found due.
The statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections fizA through l86l) 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 Cal.App.4th 1517, 44Cal.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 Califomia Public Work Law was violated.
Subject firm v,'as not within the jurisdiction of California Public Work Law on this project.
X Other: There rvere no Prevailing Wage violations found. r)By
SI"ATE I-ABOR COMMISSION ER
Maria Mercado
Deputy Labor Conrmissioner I
PW 22 ,kru!$_ji:,,!D!
06/27/2023 Item No.7.
t
Labor Commissioncr, State of California
Department ol' lndustrial Rclations
Division of l.abor Standalds Enforcement
203 I Horve Avenue. Suite #100
Sacramento, CA 95825
TEL: (916) 263-66't5
l6 263-2906FAX
Ednrund G. Brown Jr.. Covernor
Central Valley Engineering & Asphalt lnc., a California corporation 216 Kenroy Lane
Roseville, CA 95678
Warren Gilbert Holt
Reply Rcfcr lo Case NoDATE
27 201'?
NOTICE OF COMPLAINT CLOSED
Project Nffi. Projed No
ltnme C'ontractoa
Central Vallev n & .Asnhalt Inc a Calitbrnia
SubcoDlraclor
Central Vallev Eneineerine & AsDhalt Inc.. a California corpotation The complaint against the above-named contractor(s) is being closed for the following reason(s) Subject firm has satisfactorily paid all prevailing wages and/or penalties found due.
The statute of limitations for the Labor Commissioner to prosecuto California Public Work Law (Labor Code sections 1'720 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 Califomia Court of Appeals decision in the case of Tippett v Terich (1995), 37 Cal.App.4th 1517, 44Cal.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 insuffrcient evidence to confirm California Public Work Law was violated.
Subject firm was not within the jurisdiction of California Public Work Larv on this project.
X Other: There rvere no Prevailing Wage violations found.
STATE LA BOR COMMISSIONER
By , tl,li,^o, lA^ s,tQ-'
Maria Mercado
Deputy Labor Commissioner I
22 rRs,srJ.l/1,;1rr)