HomeMy WebLinkAboutRES 99-11RESOLUTION NO. 99-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF BALLFIELD
LIGHTS AT LORBEER MIDDLE SCHOOL IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
B. Recitals
(i) WHEREAS, it is the intention of the City of Diamond Bar to construct certain
improvements in the City.
(ii) WHEREAS, the City has prepared plans and specifications for the
construction of certain improvements.
(iii) WHEREAS, the City has entered into an agreement with Pomona Unified School
District to construct improvements at Lorbeer Middle School that benefit the entire
community.
B. Resolution
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications
presented by the City be and are hereby approved as the plans and specifications for:
The Installation of Ballfield Lights at Lorbeer Middle School.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise as required by law for the receipt of sealed bids or proposals for doing
of the work specified in the aforesaid plans and specifications, which said advertisement shall
be in form and content as approved by the City Attorney and a copy of this Resolution shall
be contained in each specification package for the work:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of Diamond Bar,
directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will
receive at the office of the City Clerk in the City Hall of the City of Diamond Bar, on or before
the hour of 10:OOa.m. on the 6`h day of April, 1999, sealed bids or proposals for:
The Installation of Ballfield Lights at Lorbeer Middle School
Bids will be opened and publicly read immediately thereafter.
City of Diamond Bar
Lorbeer Middle School Lighting Installation
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to the request for certificate, or
B. When the number of apprentices in training in the area exceeds a ratio
of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
statewide or locally, or
D. When the Contractor provides evidence that he employs unregistered
apprentices on all of his contracts on an annual average of not less than
one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if he employs registered apprentices or journeymen
in any apprenticeable trade on such contracts and if other Contractors on the public works site
are making such contributions.
The Contractor and subcontractor under him shall comply with the
requirements of § § 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor -shall constitute a legal day's work for all workmen
employed in the execution of this contract and the Contractor and any subcontractor under
him shall comply with and be governed by the laws of the State of California having to do
with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00)
for each laborer, workman, or mechanic employed in the execution of the contract, by him
or any subcontractor under him, upon any of the work hereinbefore mentioned, for each
calendar day during which said laborer, workmen, or mechanic is required or permitted to
labor more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed
to execute the work required by this contract as such travel and subsistence payments are
defined in the applicable collective bargaining agreements filed in accordance with Labor
Code § 1773.8.
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The City of Diamond Bar reserves the right to reject any and all bids. No bidder
may withdraw a bid for a period of sixty (60) days after the date of the bid opening.
Engineer's Estimate: $167,300.00
By order of the City Council of the City of Diamond Bar.
Dated this 2nd day of March , 1999.
PASSED, APPROVED AND ADOPTED 2nd day of March , 1999
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bqf, do hereby certify
that the foregoing Resolution was passed, approved and adopted at a gular meeting of the
City Council of the City of Diamond held on 2nd day of March 1999, by the
following Roll Call vote:
AYES: COUNCILMEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - Herrera
ABSTAINED: COUNCILMEMBERS - None
City of Diamond Bar
LYN A BURGESS, Cify Clerk
City of Diamond Bar
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The bidder must submit with his proposal cash, cashier's check, certified check,
or bidder's bond, payable to the City for an amount equal to at least ten percent (10%) of the
amount of said bid as a guarantee that the bidder will enter into the proposed contract if the
same is awarded to him, and in event of failure to enter into such contract said cash, cashier's
check, certified check, or bond shall become the property of the City.
If the City awards the contract to the next lowest bidder, the amount of the
lowest bidder's security shall be applied by the City to the difference between the low bid and
the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of the
contract for said work shall be one hundred percent (100%) of the contract price thereof, and
an additional bond in an amount equal to one hundred percent (100%) of the contract price
for said work shall be given to secure the payment of claims for any materials or supplies
furnished for the performance of the work contracted to be done by the Contractor, will also
be required to furnish a certificate that he carries compensation insurance covering his
employees upon work to be done under contract which may be entered into between him and
the said City for the construction of said work.
No proposal will be considered from a Contractor who is not licensed as a Class
A and/or C-10 contractor at time of bid in accordance with the provisions of the Contractor's
License Law (California Business and Professions Code, Section 7000, et seq.) and rules and
regulations adopted pursuant thereto or to whom a proposal form has not been issued by the
City.
The work is to be done in accordance with the profiles, plans, and
specifications of the City of Diamond Bar on file in the office of the City Clerk. Copies of the
plans and specifications will be furnished upon application to the City and payment of $20.00,
said $20.00 is non-refundable.
Upon written request by the bidder, copies of the plans and specifications will
be mailed when said request is accompanied by payment stipulated above, together with an
additional non -reimbursable payment of $10.00 to cover the cost of mailing charges and
overhead.
The successful bidder will be required to enter into a contract satisfactory to the
City.
In accordance with the requirements of Section 9-3.2 of the General Provisions,
as set forth in the Plans and Specifications regarding the work contracted to be done by the
Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost
and expense, substitute authorized securities in lieu of monies withheld (performance
retention).
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Bids must be made on a form provided for the purpose, addressed to the City
of Diamond Bar clearly marked:
"Bid: City of Diamond Bar Installation of Ballfield Lights at Lorbeer Middle School, in
Diamond Bar".
PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Contractor is required to pay not less than the general prevailing rate of per diem wages for
work of a similar character in the locality in which the public work is performed, and not less
than the general prevailing rate of per diem wages for work of a similar character in the
locality in which the public work is performed, and not less than the general prevailing rate
of per diem wages for holiday and overtime work. In that regard, the Director of the
Department of Industrial Relations of the State of California is required to and has determined
such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem
wages are on file in the office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond
Bar, California, and are available to any interested party on request. The Agency also shall
cause a copy of such determinations to be posted at the job site.
Pursuant to Labor Code § 1775, the Contractor shall forfeit, as penalty to the
City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed
for each calendar day or portion thereof, if such laborer, workmen, or mechanic is paid less
than the general prevailing rate of wages hereinbefore stipulated for any work done under the
attached contract, by him or by any subcontractor under him, in violation of the provisions
of said Labor Code.
In accordance with the provisions of § 1777.5 of the Labor Code, as amended,
and in accordance -with the regulations of the California Apprenticeship Council, properly
indentured apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in § § 177.5 and 1777.6 of the Labor
Code concerning the employment of apprentices by the Contractor or any subcontractor under
him.
§ 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers apprenticeship program in
that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
A. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior
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