HomeMy WebLinkAboutRES 94-37RESOLUTION NO. 94- 37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND
BAR BOULEVARD RECONSTRUCTION/REHABILITATION PROJECT,
BETWEEN GRAND AVENUE AND BREA CANYON ROAD AND IN SAID
CITY AND AUTHORISING 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.
WHEREAS, the City has prepared plans and specifications
for the construction of certain improvements.
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 Diamond Bar Boulevard Reconstruction/Rehabilitation Project
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 ResIplution of the City Council of the City
of Diamond Bar, directing this notice, NOTICE IS HEREBY GIVEN that
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
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hour of 10:00 A.M. on the 8th day of September 1994, sealed bids or
proposals for:
The Diamond Bar Boulevard Reconstruction/ Rehabilitation Project in
said City.
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, Diamond Bar Boulevard
Reconstruction/ Rehabilitation Project, to be opened at
10:00 A.M. on September 8, 1994"
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. 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.
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Pursuant to Labor Code § 1775, the Contractor shall
iforfeit, 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, workman, 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 § § 1777.5 and
177.6 of the Labor Code concerning the employment of apprentices by
the Contractor or any subcontractor under him.
S 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 employment in the area of coverage by the
joint apprenticeship committee has exceeded an
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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
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.
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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,
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 § 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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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, 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 for the construction of said work.
No proposal will be considered from a Contractor who is
not licensed as a Class A and/or C12 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
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will be furnished upon application to the City and payment of
$30.00, said $30.00 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.
Trte successful bidder will be required to enter into a
contract sati.sfadtory to the City.
kh-`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 and the
Contractor's 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.
By order of the City Council of the City of Diamond Bar.
PASSED, APPROVED, AND ADOPTED this 16th day of Aug„Gt,
1994. n
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I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify
that the foregoing Resolution was passed, adopted and approved at _
a regular meeting of the City Council of the City of Diamond Bar
held on the 16th day of August , 1994 by the following
vote:
AYES: COUNCILMEMBERS: Miller, Papen, Ansari,
MPT/Harmony and M/Werner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ATTEST•
City-E'�rk
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