HomeMy WebLinkAboutRES 98-06RESOLUTION NO. 98-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION TREE PLANTING PROJECT ALONG STATE
ROUTES 57 AND 60 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.
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
or:
The E.E.M. Tree Planting Proigct along State Routes 57 and 60.
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 2:00 p.m, on Tuesday, the 24th day of February, 1998, sealed bids or proposals for:
The E.E.M. Tree Planting Project along State Routes 57 and 60.
Bids will be opened and publicly read immediately thereafter.
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 E.E.M. Tree Planting Project along Routes 57 and 60,
City of Diamond Bar Page 1 Resolution for E.E.M. Tree Planting Project
98--06
to be opened at 2:00 p.m. on Tuesday, the 24th day of February, 1998.
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 them 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
them 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 them wages. Copies of such prevailing rates of per them
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 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
City of Diamond Bar Page 2 Resolution for E.E.M. Tree Planting Project
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 registered
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.
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.
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on=
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 sufplus, 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
fumished 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-27 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 nonreimbursable 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 Contractors sole
cost and expense, substitute authorized securities in lieu of monies withheld (performance
retention).
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: $115,000.00
By order of the City Council of the City of Diamond Bar.
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Dated this 3rd day of February , 1998.
PASSED, APPROVED AND ADOPTED 3rd day of
February 1998.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on 3rd day of
February , 1998, by the following Roll Call vote:
AYES:
COUNCILMEMBERS Ansari, Huff, O'Connor, MPT/Chang, M/Herrera
NOES:
COUNCILMEMBERS None
ABSENT:
COUNCILMEMBERS None
ABSTAINED:
COUNCILMEMBERS None
6(a_
LYNbA BURGESS, City` %lerk
City of Diamond Bar
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