HomeMy WebLinkAboutRES 94-09RESOLUTION NO. 94_09
A RESOLUTION OF THE COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT
DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD
AND AT DIAMOND BAR BOULEVARD AND SHADOW CANYON
DRIVE IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to
construct certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are hereby
approved as the specifications for Traffic Signal Construction at
Diamond Bar Boulevard and Shadow Canyon Drive and Diamond Bar
Boulevard and Fountain Springs Road.
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 substantially in the following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of
Diamond Bar, Los Angeles County, California, 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 Diamond Bar, on or
before the hour of 2:00 o'clock P.M. on the 22nd day of March, 1994,
sealed bids or proposals for the Traffic. Signal Construction at
Diamond Bar Boulevard and Fountain Springs Road and Diamond Bar
Boulevard and Shadow Canyon Drive in said City.
Bids will be opened and publicly read immediately in the office
of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond.Bar,
California.
Bids must be made on a form provided for the purpose, addressed
to the City of Diamond Bar, California, marked, "Bid for Traffic
Signal Construction at Diamond Bar Boulevard and Fountain Springs
Page 1
Road and Diamond Bar Boulevard and Shadow Canyon Drive"
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
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 are on file in the office of the City Clerk of the City of
Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar,
California, 91765-4177, and are available to any interested party on
request. The Contracting Agency also shall cause a copy of such
determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Diamond
Bar, not more than fifty dollars ($50.00) for each laborer, workman,
or mechanic employed for each calendar day or portion thereof, if
such laborer, workman, or mechanic is paid less than the general
prevailing rate of wages herein before 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 Section 1777.5 of the Labor
Code as amended by Chapter 971. Statutes of 1939, 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 Sections 1777.5 and
1777.6 of the Labor Code concerning the employment of apprentices by
the Contractor or any subcontractor under him.
Section 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 the 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 unemployment 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 cer-
tificate, or
B. When the number of apprentices in training in the area exceeds a
ratio of one to five, or
Page 2
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 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.
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 Sections 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 employ 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 of
Diamond Bar, 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 herein before
mentioned, for each calendar day during which said laborer, workman,
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
Section 1773.8.
The bidder must submit with his proposal cash, cashier's check,
certified check, or bidder's bond, payable to the City of
Page 3
Diamond Bar 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 of
Diamond Bar.
If the City of Diamond Bar awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall be
applied by the City of Diamond Bar 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°x) 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, or any work or labor of any
kind done thereon, and 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 of Diamond Bar 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 of Diamond Bar.
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 at the City Hall, Diamond Bar, California. Copies of
the plans and specifications will be furnished upon application to
the City of Diamond Bar and payment of $15.00, said $15.00 is
nonrefundable.
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 $5.00 to cover the cost of mailing charges
and overhead.
The successful bidder will be required to enter into a contract
satisfactory to the City of Diamond Bar.
Page 4
In accordance with the requirements of Section 93 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).
The Engineer's Estimate for this project is $145,778.00.
The City of Diamond Bar, California, reserves the right to
reject any and all bids.
By order of the City Council of the City of Diamond Bar,
California.
Dated this 1st day of March, 1994.
PASSED, ADOPTED and APPROVED by the C' ty Council of the City of
Diamond Bar, California, this 1st day of Mjch, 191R4.
ATTEST:
City Clerk
yor
I, Lynda Burgess, City Clerk of the City of Diamond Bar,
California, do hereby certify that the foregoing Resolution was duly
and regularly passed and adopted by the Council of the City of
Diamond Bar, California, at its regular meeting held on the 1st day
of March, 1994, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Papen, Miller, Ansari,
MPT/Harmony and M/Werner
NOES: COUNCIL MEMBERS: None '
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
Page 5