HomeMy WebLinkAboutRES 93-56RESOLUTION NO. 93- 56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF TRAFFIC SIGNALS AT PATHFINDER ROAD AND
BREA CANYON ROAD 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; and
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the construction of certain improvements; and
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 Pathfinder Road and Brea Canyon 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 10:00 A.M. on the 17th day of
August, 1993, sealed bids or proposals for the Traffic Signal
Construction at Pathfinder Road and Brea Canyon Road 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 Pathfinder Road and Brea Canyon
Road".
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, 91675-4177, 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 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
lease 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
employees 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
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 of Diamond Bar to
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%) for 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 $10.00, said
$10.00 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
nonreimbursable 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 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 $75,000.000.
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 20th day of July , 1993.
PASSED, APPROVED AND ADOPTED tIa..
da o ,1993.
OR
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 20th day of July , 1993, by the
following Roll Call vote:
AYES: COUNCILMEMBERS - Forbing, MacBride, Werner,
Mayor Miller
NOES: COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - Mayor Pro Tem Papen
ABSTAINED: COUNCILMEMBERS - None
Y�fbk BURGESS, Ctky CleX'k
City of Diamon6liar