HomeMy WebLinkAboutRES 93-37PISOLUTION NO. 93- 37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE
STREET TREE MAINTENANCE 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 maintain certain improvements in the City of Diamond Bar
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the maintenance of certain improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the plans and specifications
presented to the City of Diamond Bar to be and are hereby approved
as the plans and specifications for Citywide Street Tree
Maintenance.
SECTION 2. 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 specif ied in the
aforesaid plans and specifications, which said advertisement shall
be substantially in the following works and figures, to wit:
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
the City of Diamond Bar, on or before the hour of 11:00 o'clock
A.M. on Tuesday, June 15, 1993, sealed bids or proposals for
Citywide Street Tree Maintenance 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
Citywide Street Tree Maintenance".
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
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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, and are available to any interested
party upon request. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
Pursuant to Labor Code Section 1775, the Contractor shall
forfeit, as penalty to the City of Diamond Bar, not more than fifty
($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 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 Section 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 of --
subcontractor employing tradesmen in any apprenticeable occupation
to apply 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 certifi-
cate 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 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.
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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 standard, 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 of
Diamond Bar, twenty-five ($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 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
Diamond Bar for an amount equal to at least 10 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,
or 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.
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The amount of the bond to be given to secure a faithful
performance of the contract for said woA shall be one hundred —
percent (100%) of the contract price thereof, and an additional
bond in an amount equal to fifty percent (50%) 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 C-27 or C-61 Contractor at the time of
award 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 $5.00, said
$5.00 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 $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.
In accordance with the requirements of Section 9-3 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 City of Diamond Bar, California, reserves the right
to.reject any and all bids.
The Engineer's Estimate is:
By order of the City Council of the City of Diamond Bar,
California.
Dated this 18th day of May, 1993.
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ADOPTED AND APPROVED this 18th day of , 1993.
MAYOR
ATTEST:
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 the 18th day of M;; , 1993,
by the following vote:
AYES: COUNCIL MEMBERS: Forbing, MacBride, Werner
Mayor Pro Tem Papen, Mayor Miller
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
AYNA E3U'12GESZ,�CtyClerk
City of 8iamc+nd_ Bar
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