HomeMy WebLinkAboutSully-Miller Contracting Company - 1978-11-20 •` �, SURETY COMPANY. � SEABOARD
HOME OFFICE: NEW YORK, N. Y.
BOND NO. 357728-A
PREMM14: -0-
MAINTENANCE BOND
KNOW ALL NEN BY THESE PRESENTS:
That we, S MLY-MILLER CONTRACTING COHPA Y ,
hereinafter called the Principal, and SEABOARD SURETY CO1,1PA2P1, a New-York
corporation, with principal office at New York, New York, hereinafter
called the Surety, are firmly bound unto the CITY OF HUNTIMTON BEACH
in the full and just sum of
NINE THOU SAND, NINE HUNDRED `SIX TY-MEE AND 5 0/10 0---- DOLLARS ($9 i 963.50
lawful money of the United States of America, to be paid to the said
City of Huntington Beach , to which payment well and
truly to be made, we bind ourselves, our heirs executors, administrators,
and successors, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 2nd day of JANUARY ,1§�do.
S,IKEREAS, the above—bounded Principal entered into a contract with
the CITY OF HUNTIWTON BEACH dated DECEMBER 18, 1980
for CONSTRUCTION OF THE McFADDEN•AVENUE STREET IMPROVEMENT BETWEEN
GOTHARD ST. AND THE SAN DIEGO FREEWAY, IN THE CITIES OP'
HUNTING-TON BEACH AND WESVINSTER.
NOW, THEREFORE, the condition of this obligation is such that if
the above-bounded Principal shall remedy without cost to the said
CITY OF HUNTINGTON BEACH, any defects which may develop during
a period of one (1) year from the date of completion and acceptance of the
work performed under said contract provided such defects are caused by de-
fective or inferior materials or workmanship, then this obligation shall be
void; otherwise it shall be and remain in .full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety Have duly exe-
cuted this bond under seal the day and year above written.
ATTEST: PRINCIPAL:
t'RANY. E. HOLLAND, ASSIS NT SECRETARY
SEABOJ SUR
ETY C011PANY
STATE OF CALIFORNIA,
STATE OF CAL37L\ N
COUNTY Or
TWOS ANGE S SS. ;
2nd JANUARY 80
On this............ . ........._.... ... .day.... .. ... ......... .... ......... _. . . ... ........ .............._......... .......19............ before me personally came
J.H. CAITHAMER
....I.........................I........ ...I.................. ...... ..............................._.........._................................-.........................................
to me kno«•1i to be an Attorney-in-Fact of SEABOARD SURETY COMPANY, "-e corporation described
in the within instrument, And lie acknowledged that lie executed the vMliin instrument as the act of
the said SEAISOARD SURETY COi11PANY in accordance with authority duly conferred upon him by
i , �,., _
said Corjnany
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,JI r r +;► it _ �� c��.
:L «, Notary Fri bI e.
i'orrr.!ts 111y Commission E)rpires 1'eb. 1 19131
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Ian I20-11-4.71 r w
SEABOARD SURETY COMPANY
HG`ME OFFICE: NEW YORK, N. Y.
BOND N0. 857728-A
PREIAIUM: --0-
:MAINTENANCE BOND
KNOW ALL ?•XN BY THESE PRESENTS:
That we, SULLY-MILLER CONTRACTING COMPANY
hereinafter called the Principal., and SEABOARD SURETY COMPANY, a New-Yorlc
corporation, with principal office at New York, New York, hereinafter
called the Surety, are firmly bound unto the CITY OF HUUTINCTON BEACH
in the full and just sum of
NINE -THOUSAND;- NINE HUNDRED SIXTY-THREE AND 50/100---- DOLLARS ($9, 963 .50 ) , i
lawful money of the United States of America, to be paid to the said
✓ City of Huntington Beach to which payment well and
truly to be made, we bind ourselves, our heirs executors, administrators,
and successors, ,jointly and severally, firmly by these presents.
Sealed with our seals and dated this 2nd day of JANUAW1 :1S` O.
WHEREAS, the above-bounded Principal entered into a contract with
the CITY OF HUNTINGTON BEACH dated DECEMBER 18, 1980 for CONSTRUCTION OF THE t'cFADDEN.AVENUE STREET I14PRU I-VENT BETWEEN
GOTHARD ST. AND THE ShN DIEGO FREEWAY, IN THE CITIES or,
hU 11TINGTON BEACH AIM WESIMINSTER.
NOVA THEREFORE, the condition of this obligation is such that if
the above-bounded Principal shall remedy without cost to the said
13ITY CF i'r1UNTINGTON BEACH, any defects which may develop during
a period of one Cl) year froir. the date of completion and acceptance of the
work performed under said contract provided such defects are caused by de-
fective or inferior materials or workmanship, then this obligation shall be
void; otherwise it shall be and remain in .full force and effect.
T% ,f.LTNESS tditEREOF, the said Principal and Surety have duly e:ce-
cuted this bond under seal the day and year above written.
ATTEST: PRINCIPAL:
� w--�-- BY:
:71 �� ANK E. HOLLAND , ASSIS. NT SECRETARY
SEABOAR SURETY COMPANY
STATE OF CALIFORNik
LOS ANGELES ss.
' COUNTY OF ON LiANUA.RY 19 80
1 -1
before me, the undersigned, a Notary Public in and for said State, personally appeared
v�;F2ANK E. HOLLAND
ASSISTANT SECRETARY - , known to me to be the I
of the S U,LY-14ILLER CONTRACTING CO.
j the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, arld acknoNled;ed
to me that such Corporation executed the same.
�na�;,;,In Gllr'indielnanlc'ii^;Igoirua•a!rr. nmv,,rtmrmlm«mmrtmrermm+ .-----•-•---- --_ _ -�__.—.�_._ ��.._-----------._..^
E E. SEAL WITNESS m hand and official seal.
�"1Cf•If:LE E. DIZAKULICH i Y
• r�"•rlj.,i' .' (I�Jr/i�� ('1)�11 • G .�.�f'/r�r�Il� i .
q�:% • fir PRINCIPAL crFICE IN � • n I
\Y,�'?;;,✓ L03 ANGGLES COUNTY n I
t.ly Commission Expires August 30, 1981 / 1 J m h I' ', ;
� ,II,I .i. ..1.1.,1.1.,11 • 1:,.....,11 II..1'.11;'. 1.1 II;.I.t11141.11.:W71111111"�
Notary Public in and to said Sta,e.�-_���� it
S ACK. 0WLEDGMFNT--Cvpaat;Qn �J
I
fQR{I I2G•fi/�•�•il r' � � '
SEAE30ARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
BOND NO. 657728--A
PREMIUM: -0-
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, [1C,LY-MILLL�4 ::C'NTRACTING COMPANY ,
hereinafter called the Principal, and SEABOARD SURETY COMPANY, a New-'York
corporation, with principal office at New York, New York, hereinafter
called the Surety, are firmly bound unto the CITY OF HUNTIOS TON BEACH
wn the full and just sum of
NINE -THC(JSAND,� NINE HUMR, ED SIXTY-%MEE AND 501100-•--- DOLLARS ( $9,963 .50 ,
lawful money of the United States of America, to be paid to the. said
City of Huntington Beach , to which payment well and
truly to be made, we bind ourselves, our heirs executors, administrators,
and successors, jointly and severally, ;:irmly by these presents .
Sealed with our seals and dated this 2nd day of JANUAR'Y , 19-do.
WHEREAS, the stove-bounded Principal entered into a contract with
the CITY OF HUNTIMTON BEACH dated DECFMBER 16, 1980
for CONSTRUCTION OF THE McFADDEN.AVENUE STREET IMPROVEMENT BEIVEEN
GOTIP.RD ST. AND THE SAN D IEGO FREEWAY, IN THE CITIES OF
HU NTINGTON BEACH AM WESU41NSTER.
NOW, THEREFORE, the condition of this obligation is such that if
the above-bounded Principal shall remedy withuut cost to the said
CITY CEF HUNTINGTON BEACH, any defects which may develop during
a period of one Cl) year from the date of completion and acceptance of the
work performed under said contract provided such defects are caused by de-
fective or inferior materials cr workmanship, then this obligation shall be
void ; otherwise it shall be and remain in .full force and effect.
IN WITNESS WKEREOV, the said Principal and Surety have duly exe-
cuted this bond under seal the day and year above Written.
ATTEST: PRINCIPAL:
,Cl/J141" Ar
,r�l/ `RAtJK E. HOLLAID, ASSI.S NT SECRETARY
SEABOAPIV SURETY COMPANY
WT
BY:1 r�l-
/ AITHAMER, ATTORNEY-IN-FACT
IT
APPROVFZ AS TO FORIk:
GAIL HUTTON
City Attorney
t'f By :
Deput ' Ity Attorney
A
Certified Copy SS 1;, ),1 ltl� 1Ol�1:'1'l' O ) sqL
(I'.� '
IJo, '%Z77 Wnv � onji., N:-nv Y(Fim
POWER OF ATTORNEY
Ki4OW ALL MEN BY THESE PRESENTS. t►: t S :AiIO �T ) SUitr� COIl1ANY, a corl'soratiott of the State
of New York, has made, consliltil d and appointed and by these pre.-seats doses make, constitute and appoint J. H. Caithamer-
of Long Beach, California
its true and lawful !Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under.
and other instruments of similar nature as follows: Unlimited in amount, but restricted to bonds for
Sully--Miller Contracting Company and/or Southern Pacific Milling Company, Inc. and/or South
Coast Asphalt Products Company, Inc.
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company its fully and to the same a\tent as 1f signed by the (holy authorized officers
of the Company and scaled with its corporate seal ; and all the acts of said :Attorney-inFact, pursuant to the authority hereby
given, are hereby ratified and confirmed.
This appointment is ma de pursuant to the following Ily-Laws which were dttly adopted by the l;oard of Directors of the said Com-
pany on Deceinbcr Sth, 1927, with Amendments to and including April 6, 1978 and are still in full force and effect:
ARTICLE VII, SIiCTION 1:
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies, bonds, ncogitizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and
other writings relating in any tray thereto or to any claim or loss thereunder. shall be signed in the name and on behalf of the Company
(a) by the Chairman of tine l3vard, the President, a Vice President or a Resident Vice President and by tite Secretary, all Assistant Secretary,
a Resident Secretary or a Resident Assinant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair-
man of tite Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as thr Bond may
front time to time determine.
The seal of the Company shall if appropriate be affi::ed thereto by any such officer, Attorney-in-fact or representative."
P sWnTNE55ttWoHEoREOFrate e,tSEABOARD to SURETY
dYanclOdurAXY attested sb�-ttsed these one of its Assistant Sesents to ecretaries, by tone.o2its Vicc-
Decembe�r
dayof ..................................................... 19....73
Attest: SEABOARD SURETY CO11PANNY,
Karen Hayes By W. S. Wahrell
(Seal) ............................................................................ ........................................................,.......I..................,........
Assistant Secretary Vice-President
STATE OF NEW YORK
COUNTY OF NEW YORK ss''
27th December
On this .... ........ ...:. clay of ...............................,...........,.................... . .................,......
19....� .., before me personally appeared
'�W. S. WefirexY a�Vice-President of SEABOARD Sl:RETY CO'iP_1NY.
with whom l ate personally ac(luainted, �ti•ho, bcitig by the duly s«•arn, said that }1C: re51(le5 in t}1C Stale of ,,....,New..Jerse.I........
that he is a Vice-President of SEABOARD SURETl COIIPAN�', the corporation described in and which executed the fore-
going instrument ; that he knows the corporate seal of the: said Company; that the seal affixed to Paid irstruntettt is such corporatf.
seal; that it wds so affixed by order of the Board of Directors of said Company; and that lie signed his name thereto as Vice-
President of said Company by like authority.
State of New York, No. 24-7104540
Qualified in Kings County
CLrtificate filed in New York County
(Seal) Comraission Expires March 30, 19eO Violet Johnson
Notary Public
C E R T I F I C A T E
1, the undersigned Assistant Secretaryof SEAROA111) SURETY COMPANY do hereby certify that the origina) Power of :lttoritcy cf which
the foregoing is a full, true and correct copy, is in tali-;orce and effect on the date of this Certificate and 1 fire further certify that tht Vice President
who executed the said rower of Attorne • was one )t7 the Officers authorized by the lluard of Directors to appoint an attorney-in-fact as provided in
Article \'I1, Section 1, of the lly-Lairs of SEABOARD SL'RIiTY COUPANY.
This Certificate niay be sigotcl and sealed by f:csimile under and by authority of the following remItition of the Board of Directors of SEA.
BOARD SURE-1'V (:O.NI 11AA Y at a meeting duly called and held oft the7 28th day cif little 1978.
"RESOLVED: (2) That the use of a printed facsimile of the corlxirate sral of the company and of tite sig;iature of all Assistant Secretar:-
oil any certificalioti of the correcluess of a col►v of :tit ittstrutnent executed by the President or a Vice-President pursuant to Article V11, Section
1, of the liy-Laws apltc'nting and atithoriziiig art attorne •-in-fact to sign in t1w name and on behalf of the company surety bonds. underwriting
undertakings or other' insiruntents described in said Artil VII, Section 1, with like effect as if such seal and such signature had been manually
affixed and made, hereby is authorized and zpproved."
IN WITNESS WHEREOF. I have licreunto set my hand and affixed the corporate seal of the Company to these presents this
2nd JANUARY $0
..................... .......................... day of .........................,,.................................................I 19...,,,,......
SU RETy co'� .............
Assist, Secretary
w 1 9 27 Fx
cr••.
f��'�.......-•'goo-
Form 957 (Ftev.40-76)
0 3
RE G1 E
VP
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, California 92648
Attention:
Subject: Certification of Compliance with
Title VII of the Civil Rights Act
and Equal. Employment Opportunity
Act of 1972
Gentlemen:
The undersigned, contractor on
CC 300 McFadden Ave . Improvements
Project No. Title
hereby certifies that all laborers, mechanics, apprentices , trainees,
watchmen and guards employed by him or by any subcontractor perform-
ing work under the contract on the project have been paid wages at
rates not less than those required by the contract provisions , and
that the work performed by each such laborer , mechanic , apprentice or
trainee conformed to the classifications set forth in the contract or
training program provisions applicable to the wage rate paid ,
Signature and Title
C O N T R A C T
THIS AGREEMENT, made and entered into as of the 2day of
November , 19 78 , by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter referred to as THE CITY , and
SULLY-MILLER CONTRACTING CO.
hereinafter referred to as THE CONTRACTOR.
W I T N E S S E T H
N
WHEREAS , in accordance with the provisions of Section ,1773 of
the Labor Code , the State of California , Director of the Department of
Industrial Relations , shrill. determine the general prevailing rate of
wages , applicable to the work covered by the contract; copies of the
latest General Prevailing Wage Determinations are on file in the office
Of the City Clerk azO inade a pw-t hereof, The supplementary ccnciitions attached
hereto are part of this contract.
WHEREAS , the City Council of the City of Huntington Beach, County
of Orange , State of California, pursuant to statutes in such cases
made and provided, duly and regularly caused a notice to be published ,
calling for bids for labor , material , tools and equipment for the
construction of highway improvements 'on Mr.-Fadden Avenue between Gothard Street and
the San Diego (Route 405) Freeway, in the Cities of Huntington Beach and Westminster
California.
YISXX (YIX�,XiC (X�4tXX�I�¢� }A {XXXXi)(X� G said work to be constructed
according to plans , specifications , general requirements , and special
provisions for same on file in the office of the Director of Public
Works and adopted by the City Council of said City of Huntington Beach
on the 1 st day of. jan�� , 19 , to which said plans,
specifications , general requirements , and special provisions reference
is hereby made , and by such reference they are made a part of this
contract as if herein set out in full; and
WHEREAS , the City Council at a regular meeting thereof and at
the time and place appointed therefore received the report of the
results of the bids submitted by the respective bidders for the
construction and completion of the above mentioned work, and after
careful consideration of all bids submitted the City Council awarded
the contract therefor to the CONTRACTOR therein named at the prices
set forth in his bid, it being the lowest and best bid received by
the said City Council.
%1
Y
NOW, THEREFORE, in consideration of the convenants and agree-
ments herein contained, being done and peformed by the parties
hereto , it is hereby agreed as follows :
I. By my signature hereunder, as Contractor, I certify that I
am aa :re of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability ,for Workmen ' s
Compensation or -to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions
before commencing the performance of the work of this contract.
II. Contractor agrees to receive and accept as full compensa-
tion for furnishing all materials and for doing all the work
contemplated and embraced in this agreement , the unit prices con-
tractor submitted in his proposal which was accepted by the City
Council. A copy of said proposal .is attached hereto and incorporated
herein by reference and made a part hereof . Contractor further agrees
that said payment by City shall include all payments for all loss or
damage arising out of the nature of the work aforesaid, or from the
action of the elements, or from any unforeseen difficulties or obstruc-
tions which may arise or be encountered in the prosecution or the work
until its acceptance by the City , and for all risks of every description
connected with the work; also for all expenses incurred by or in
consequence of the suspension or discontinuance of work and for well
and faithfully completing the work, and the whole thereof , in the
manner and according to the plans and specifications , and the require-
ments of the engineer under them.
III . City agrees with the said Contractor to employ, and does
hereby employ, the said contractor to provide the materials and to do
the work according to the terms and conditions herein contained and
referred to , for the prices aforesaid, and hereby contracts to pay the
same at the time , in the manner and upon the conditions set forth in
the general requirements and the said parties for themselves , their
heirs, executors , administrators , successors and assigns , do hereby
agree to the full performance of the convenants herein contained for
the contract bid amount of $98,548.20
which amount is subject to adjustment upward or downward dependent
upon inplace quantity where applicable .
IV. It is further expressly agreed by and between the parties
hereto that should there be any conflict between the terms of this
instrument and the bid or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as
an acceptance cf the said terms of said proposal conflicting herewith.
V. Bid Bond. The Contractor further agrees that his proposal
shall be accompanied by a bidder ' s security in an amount equal to
ten percent (10%) of his bid in accordance with California Government
Code Section 37931 et seq.
tw `
VI. Performance Bond and Labor and Material Payment Bond. The
contractor agrees to furnish , prior to the execution of the contract,
bonds , covering the faithful performance of this contract and the
payment of all obligations arising thereunder in such form and amount
as thn City may prescribe.
VII. California Fair Employment Practice Act . The contractor
agrees to utilize fair employment practices in accordance with
California I;abor Code Section 1410 et seq.
IN ,WITRESS WHEREOF, the City has caused its name and seal to be
hereto annexed by its Mayor and City Clerk , thereto duly authorized
and Contrctor has set his hand hereto, the day End year in this
Agreement first above written .
CITY OF HUNTINGTO14 BEACH,
a muri corpo;44Al
jn
• /dQ — 7, ! ✓ /�•C/�/✓tiI 4..�1 � �✓V".,'✓y / f ter.
Dated . By
ATTEST: APPROVED AS TO FORM
City Clerk City Attorney
The Articles covered rf a� T�] (�h PA-. ._L� .1.3.. ...�ll.... .n�..�4 ....m�.�a. .__ .� _IULL .'_1LILL r'j�.J.11�l�.i�f, ri lM /.JLy_____
STATE OF CALITORNIA,
ss.
COUNTY OF LOS ANGELES
1 ON NOVEMBER 30 Ig 78
before me, the undersigned, a Notary Public in and for said State, personally appeared
R. K. BC sREGOR-:AN_p FRANK E. HOLLAND , known to me to be the
RRUIDEUt SS.I STMT SECRETARY _
of the F21J-I Y—MLL.ER CONTRAQTIN�j CO.
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, an behalf of the Corporation, therein named, and acknowledged
to ms that su.-h Corporation executed the same.
n.....nou ova aun......uia
OFFICIAL SEAL WITNESS my hand and official seal.
DIAPIE GOSLING
r4cvi%Y PllE-LIC C'.LIFCRNIA / \�
�l- 1�;�)✓ PRINCIPAL OFFICE: IN e
L05 r.NGIFLEN C'UNTY
r.!r r.4R1n1 :ion Fr.r:crs Feb, t, 1981
�•^^�r- •»•-• '• ^. ......,,•l.r�����������.�,..��:.h..��•...•�.��m,u Notary Public ir and for said State. .
ACKNOWLEDGMENT—Carper6on
Doput�y'Cit:y A tornoy
VI. Performance Bond and Labor and Material Payment Bond. The
contractor agrees to furnish, pr.ior ,to the execution of the ,contract,
bonds , covering the faithful performance of this contract and the
payment of all obligations arising thereunder in such form and amount
as the City may prescribe.
VII. California Fair Employment Practice Act . The contractor
agrees to utilize fair employment practices in accordance with
California Labor Code Section 1.410 et seq.
IN WITNESS WHEREOF, the City has caused its name and seal to be
hereto annexed by its Mayor and City Clerk, thereto duly authorized
and Contrctar has set his hand hereto, the day and yaar in this
Agreement first above written.
CITY OF HUNTINGTON BEACH,
a mun ' cor por_ 01
Dated : �r. -- ' Dy %�v'ci`,.-�.� �
ATTES APPROVED AS TO FORM
City Clerk City Attorney
The Articles covered Y � r
by this contract must �,;Y-MILLER C�Si�l {1,,i�iJ1.tY1LGWAVANY
'} conform with the Safety Contractor ' s Legal Firm Name
Orders of the State of (Corporation, Partnership, Co-partnership,
California, Division of Joint Venture, Individual or
Industrial Safety. I
certify that I have read
=; the Foregoing and will
comply.
By l,/�,�i�G
Date
I. K. hrilcGRLGOR PRE _
Position or Title
Contractor
By
AF 1107 D AS TO FOR!d t
t CAIL HU^70t1 MANX L NOLLAIlq . j"5lSTANI SgRUA4
City At.ornoY �, Position or Title
�
yDetiity�City A .torney
,
0V r-MISIMIC,
425: 1
1425 Davis-Bacon Act Regulations
'Tllt: following; clauses must be ihclutlett in all contracts which arc whject to the
Davis-13acotl Act lirovisiotis: (29 C.F.IL. §5.5).
11) Minimum Iual7es. (i) All mechanics and laborers am- (2) Withholding. The (write in name of Federal agency)
ployed or working upon the site of the work, or under Lite finny withheld or cause In be withheld from the contractor so
UniLLxI States Ilousing Act or 1937 or under the Iiciusing Act much of tile scented payments or advances as may lit! con.
of 19.19 in Lite construction or development of the project, will side.rml nt+ce:srtary let pay Inbriters anti mechanics. including;
Ile Itaid unconditionally and not less often than oilce a weed:, apprentices and trainer~, employed by dies cnnlrac:tor or any
and without subsequent deduction or rebate on any account subcontractor on Lite y'rnrk the, full amount of wilges required
(except such payroll deductions as are permitted by regilla- by the contract. In the event of failure to pay any Inhnrer or
Lions issued by thn Secretary of Cubor under the Copeland Act mechanic, including; any apprentice or trainee, employed or
(2I Clrlt Part 3)), the full amounts duo nl time of payntent working; on tlitr site of Lite work or fruiter the WILL l Stalcs
computed at wage rates not less than those contained in Lite I lousing Act of 1937 or under the Ilausing; Act of 19.19 in the
wage ileterminatinn decision of Elie Secretary of Labor which. construction or development of Lite project, oil or part of the
is attached hereto and made a part hereof. rcg;nrdless of any wngcs required Ity the contract, the (Agency) may. after
contractual relationship which may be 'allcged 'to pxisL be. writteA notice,to the contractor, sponsor, applicant,or owner,
tween the contractor and such laborers and inechanim and take such anion as may be necessary to cause the suspensinn
the wnge'dHirrriinalfon decision shrill lie posted by Lite ron- of any further payment, advance, or guarantee of funds until
tractor at the site of the work in a prnminent Blase where it such vinlalion-t halve rrnsvil.
can he en.-4ily sten by the workers. hor the purpose of this 131 Payrolls and bn.sir records. lit Payrolls and ba%ic ra•
clause, contributions made or costs relsonahly anticipated orris relating thereto will be mainininrrl during; the tnur,e of
under section 1Ib1121 of the Davis-lincon Act nn brhnlf of the work and preserved for a perind of three years thereafter
laborers or mechanic, are considered wakes paid to such In. for all laborers tool nirch;uiics working, al.the site of the wnrk.
borers or mechanics. subject to the provisions of 29 ChI1 ur under Lite United States I inuring Act of 1937. or under the
5.5(0111(I0. Also for the purpose of this clause. regular con- I loosing Act Of 19.19, ill tht' cnnstrirclion Or devvinlunent of
tributfons matte or casts incurred for more than it weekly ilia projecL.Such records w3l contain the name and nddrpss of
period under jalans, funds, or programs, but covering; the each such employee, his correct classification, rates of prey
narticulnr weekly period, aro devilled to he constructively lincludingt rates of contribution, or rost.s anticipnled of the
mt,;ee or incurred during such weekly period• types di-scribed ire srctinn llh)('l) of Lite ilavis-Ilarun Act). �+1
(III Pile cnntrneling nificrr shall require that any class of daily and wet-kly number of hours workrtl, tleeluclinnc nrirft� 0
laborers or mechanics. including; ap;)rentices nod trainees, and ucL1m1 wag us paid. Wlit•nover the Socrvtary of Labor hoc
which is not listed in the wng;e determination and which is to found under20 ChIL!i.5(a)(I 160 that lilt, wages of any laborer
he employed under the cnnlrocL, shall he classified or mcImsi- or inprhanic include the amount of arty costs reasonably an.
fied conformably to the wage determination and n report of liripaled in providing, hent4ils under n plan or program
the action taken shall be sent by the Federal agency to Lite described in srctinn 1(li)121(111 of the hav'is•Ilnrnn Art, the
Secretary of Labor. In Lite event the intere3tt+1 parties cannot contractor shall maintain records which shrew that Lite
• ng;ree on file proper classilicalion or reclassificaLinn of a par- commitment to provide retch lipmiliLs is enforceable, thitt tilt-
tic:ular class of Irborers rind mechanics, including apprentices plan nr program is financially responnible, ,end that the plan or
and Lrainve.s. to he used, Lite question accmnpaitiml by Lite program has beets coninumivalyd in writing; to (lie laborers or
recommendation of the contracting,officer shall he referral to mechanics affected, and records which show the costs
the S^crclary for final determination. itnticipated or Lite actual snag incurred in providing; such bene-
(iii) The contracting; officer shnll require, whenever the (its.
minirnuni wake rate prescribed in the conlrnr.t. for n class; of (ii) The contractor will submit weekly n copy of all pny.
laborers or mechanics includes a fringe benefit which is not ex. rolls to the City of Huntington BC�1 C h if
pressed as an hourly wngarate and the contraclor is ohlig;nied the agency is a party In lhr contract, but if the ng enry is nnr.
to pay n cash equivalent of such n fringe benefit, nn hourly such it party the contrarler will submit the pn)-rulls to the
cash rquivnlcnl lhpreo( to be. established. In the event the applicant.. sponsor, or Owner, ;%% the case, Ioay bp, fir trans•
intr•rrstni p;irties cannot agree upon n cil sh rquivnlcnl n( the miswimi to Lit(,. C.1 ty of 1•1- B . ' The roliy shall hr ar•
fringe henefit, Lite question, ncconlpnnied by the rrvom• e'nrnpnnie•d by n statellienl sig,nru by the villpluyer ,lr his ag,rn:
oipntlation of the crintructing officer, shall be referred to the intlirathig,that. the payrolls are correct. noel(omplete, that the
Secretnry of Labor for downiiinntiun. walre rates contained lherrdn ,are. not Iv%s: than thoW
Iiv) I the contractor does not.make payments lu a trush•c elelrrmined by lit: Secrelry of Labor and Ilint Ilw classifita•
err ot1wr third person, he may consider as part of Lite wages of tion.v.eel furl h for each inhorm or inrr.haoi; crinforni wi0i the
any Inhorer or nirchnnic ilia amount of any costs reasnnalily work he performed. A sulunission of a "Wrvvkly Statement of
anticipated in providing benefits under n plan or prog,rans of n Compliance" which is triluirrtl under Ihi% crinlracl and the
tylle cxglre+s:ly listed in the wage determination decision of lbo Crlpeland rcg;ulationa of t by St-rietary of Latins Ili!Cl"11. I'art
S(TIL.ary of Lnbnr which is a part of this contract: itrnuirlyd, :11 stag lhr filing; with lhp iniliil payroll nr any 'ubsr gtrrnt
hrtrrrnrr, The Serrirtary of Labor has fnuml, upon Lite wriUrn payroll of it copy of nny findings by the Surrr•Utry of l,abur
request of the contrnctor, that the npplicitble standards of the tinder 29 (;I'll 5.5(all I)Iiv1 shall sutisfy this n•quirement.The
llavis•t(ncnn Act hive peen met. 'l'!,e Secretary of d.nbor inrey prince ctintinctnr shall be rv.-tit uiWile for Ow suhwission of
require the contractor to set aside ire a sepnrnLe nccounl assets copies of lia.vrnlls of nil subcontiartors. The rotnirnclor will
for Lite meeting of obligations under Lilo plan or program, snake the records required under the Inbor standards clause.l
re,Rovenuo Shar;ng Advisory Ser,ico July 1977 Revenue Sharing Handbook -- Socond Edition
Supplementary n C nditiot
Page 2 . 425: 2
of the cnntract available for intuiecdon by authorized repro- longer be perrnittW tit util)ze trainees at leas than the appli-
senlatiVeq of Cite and the Depart• cable predetermined rile for the work performed until an ac-
t merit of Labor, and will permit such representatives to eeptable program is approved.
interview employers during working hnurn on the job. Can. (iii) Equal employment opportunity. The ulilizatlon of ap-
tractors employing apprentices or trainees under approved prentices,trninees ant! journeyman under this part shall be in
programs shall include a notatir,n on Lite first weekly certified conformity with thu vtaun) employment opportunity require•
payrolls submitted to' the contracting agencies that their meats of Executive Order 11246, as amended, and 29 CFR
employment is pursuant to an approved progriarn and shall fart 30.
identify the pini;ram. IN Cootplionre with Copeland Regulations (29 CHI Parr
N) Appreritices and trainer's—ii) Apprentices. Appren• ill, The. contractor shall cumple with the Copeland Ilegtiln•
tices will be permitted to work at less than Lite predetermined tions (29 C.Nit Part 31 of thn Secretary of Labor which are
rate for the work they performed when they are employed and herein incorporated by reference.
individually rejOstered in a bnna fide apprenticeship program (6) eSulicontructs. Thr: contractor will insert In any suit.
registered with the U.S. Department of Labor, irmployment contrncts the:clnw eti contained in 29 C,FR 5.501111 Lhrnugh
and 'Training Administration, Bureau of,ApprenLiceshlp and (5) and and such other clnusir5 as the ("rile in Lite name of
Training. or with a State Apprenticeship Agency rrcolptlzed Fvfleral agency) may by apprnprinteInstructions require, snd
by the Bureau, or if a peraon is employed in his first 90 days of also a clause requiring the subcontractors to include these
probationary employment as an apprentice in such an appren• clauses in any lower tier subcontracts which they may enter
ticeship program, who is not individually registered In the into, together witli a clause requiring Lhis Insertion in any
program,but who has been certified by the Bureau of Appren• further tiuhcontracts Lhnt may in turn be made,
Liceshiii nnii 'Training or it State ApprenLicealtip Agency 17) Contract terinination;debarinrnt. A breach of clauses
(whrre appropriate) to be eligible for probrtionary employ. (I) through IC►) may lit% grounds for Lerniinatinn of Lite con•
mint ns an apprentice.The allowable ratio of apprentices to tract, and for debarment as provided in 29 CHI1 5.6.
journeymen lit any craft classification shall not he greater
than the ratio permitted to rite contractor as to his entire wo:k t29 C.t'.R. 5.G(�))
force under the registered prog"in. Any employee listed on a
payroll at.an apprentice wage rate. who is not a trnittee as de. Additional jvuvisions which lit ust be in-
fined its subdivision iii) of this subparagraph or is not regis•
tered or other-wisa employed ate stated above, +hall be paid Lhe slut e1Cd are;
wage rate determined by the Secretary of Labor for the clnsg(- (1) Overtime reel uirvrnrnis. itio contractor or sub contrac-
fiention of work he actually performed.The contractor or sub- tar contracting for any part. of the contract work which may
contractor will be requ(retl to furnish to Lite contracting officer require or involve Litt, employment of laborers or tnechauics
or a representative of the Wage-!lour Division of the U.S. shall require or pvrait any laborer or nieclonic in nny
Departnient of Labor written evidence of the rebistration of workwuelt in wi,irh he is employed on such work to %Fork in
his program and npprentices as well as the appropriate ration excess of right hours in any culenrinr day or in excess of fort}
and wage rat3s (expressed in percentages of the journeyman hours lit Stich workweek unless such laborer yr mt-01:111ie
hourly rntesl, for the area of construction prior to using tiny receives carnpensal ion tit n rnte not le:is than fine and one-half
nppientices on the contract work. The wage rate paid npprr'-n• litties his linsic role of pay for all hours worked in excess of
ties shall be not less Chun the appropriate percentage of the right.hours in any colendrir tiny or in excess of forty hnurn in
journeyman's rate contained in cite applicable wagt! deter. such workweek, as the case may lie.
mination. (29 Vitilatiate; liability far unpaid loakres; liquidatrd ilant-
iii) Trainers. Excrpt as provided in 29 CFtt 6.15 trainees ales, In the evert of tiny violation of Lite clause %(-L forth in
will ant be permitted to work nt Tess than the prrrle-lermined Nu Into ra graph (1). the contrnctor and- any subcontractor
rate fnr the work performed unless they rite employed responsible therefor shall he liable ter any affectAA rrnpinyty
pursuant to and individuaay registerre' in a program, which fnr his unpaid evages. In addition, .uch contractor and suh•
bus received prior approval,evidenced by formal certifir•ation, contractor shrill he linble to the United States lire the cash of
by the, U.S. Department of Labor, Employment.anti Training work dune under contract for the District of Columbia or a ter-
Administration. lltureau of Apprenticephil► and Training. The ritorv, to such District or Lo such territnry), for liquidated
ratio of trainees to juumeymen shall not be grnater than. dnnini;es.Such liquidated damngen shall be computed with re.
permitted under the, plan approved by Lit(, Ilurentu of Appren• tgwct to rarh individual Inhorer or rivchnnic employed in vinin•
ticeship and Training. Every tra)nco must be paid at not less lion of thy:clnuae nct forth in !retbpnral;raph (1),in Litt! sum of
than the rate specified in the approved program for his level of slo for mrh calendar clay on %which such employee was re•
proi;ress. Any employelc!!istedtii the payroll at it truinee rate eluired i r permitted to work in exci.n :if right hours or in rx•
who is not registered and lint tic iliMing in a training plan up- Tess of the rtlundard worlewe-vk of fort-,. Iirwrs without payment
prtiveu by Lite Ilurenit of Apprenticeship ant) Truiniteh hhnll be of the.nvi,roine wagers reiluired by the! clause.set fnrLh in Nub-
paid tint less than the wage rate determined by the Secretary paragraph (1).
of !.nhor for this classification of work he actually pert,)rtncd. 131 It'r.hholdirtt; for unlir.irt tranes aid holdared
The contractor fir subcontractor will be require ti to furnish the rrllet, The city of H . B . nvvy spit•
contracting officer or o raiiresentntive of the Wagv-flour Uivi. hold or catviv to Im withheld, freini nuts ►nmnevs pityahm on ,ac-
Mott of Lite U.S. Department of Lobar written evidenet! of the itint cif %orlt lir,rfonneil 1)' the• con!rnolor or sul►nintritrtor,
cettificntion of his proi;taati, Lite rrt,7strntion of the trainees, ,urh stirr,s as inay ndminist ritivrly be delernimed to be oi'Ve.s-
tend the ratios and wnye raLe9 pre-icrihet' in that lifogram. In sary tosatisly(tit liabiliticyrif such contractor or subr'onlroe•
the event the Ilureau a; Apprenticeship and 'I'rnining with. for for unpaiil ' aRia and liquidntec! dunhnges as provided in
draws approval of a training program, the contractor will no Lite c)ivise set forth in subparagraph
ORovenuo Sharing Advisory Seirvico July 1977 Ijuvonue Sharing Hand;Uook -- S mond Edit on
Suppl.ementary L'. Ldi bans '
Paget 3 .
P• In tb•t event of the Connector's noncomp[ilk nce ,..I ht. trnrtdINcrrmiuu Ill lot cluu%ry of 1111% ra►l III r l .,r.VIIl►
vny of the cuid tine,, trgulstiens. or onitrn, thiw conliuct rent' he cone-lrrl. 1r4vo.ruslr1l, of nLXpenlled u, w;a.b-
or in part and the Crmltaetnt may he declared laelirihle fur Nether governmeal conbucla ur fedrmllt• um#$11611•i
conslluctinn contructs in accordsnce with procedures oulhorlsed In Eatcutivc Ordtt 11246 of Srpirrabrr 14.
196S. and such other sanctions may beimposed slid remedies Invoked as provided In Executive Order 11146 '
of September 24, 19G5. or by rule, regulation. at order of the Seerelary of Labor, of as otherwise Provided by
law,
G. The Contractor will Include Ilse portion of the sentence immediately preceding parograph A and thr pros
A%ions al paragraphs A through G in every subcontract or p•atchase order lrnlcss exempted by rules. rrgula-
Vans, of orders of the Secretary of labor Issued purivant to section 204 of Fsecutive Order 11246 of
September 24. 1965, so that such provisions will be binning upon each subcontreclot or vendor. Tile Con•
ttnctor will like such action with respect to any subeentrect or purchase cider as the federal (lousing
Commisslw.:r may direct as a mesna of enforcln6 such p;o►.sions, including sanctions for noncompliance:
Provided,howevet,that In the event the Contrsctor beenmes Involved In. or Is threatened with. 111ir.allon with a
subcontractor or vender as a result of such dllecllun by the fcderol Housing Commissloner, Ihe'CoMrsclo'.
may request the United Sister to enter Into such litigation to protect the Inlareats of Ih;, United Stales.
aoVICIAMnint pRIN11140i OFFIM 1113 ra4•Ssarslor
H . The Coa-tractor will not discriminate against any,
employee or applicant foY employment because of sex .
In arr,nrdance with the: provisions of Section 3700 of the
State Labor Code , evc7,-y' contractor will be required to
secure tile ' payment of compensation to this employee .
The handicapped wil?. be ii,cludecl in - the provisions of
the Davis/Bacon Act . '
payo