HomeMy WebLinkAboutRES 89-73RESOLUTION NO. 89- 73
A RESOLUTION OF THE COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF CARLTON J. PETERSON
PARK IMPROVEMENTS 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 plans and specifications for Carlton J.
Peterson Park Improvements.
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
13th day of September, 1989, sealed bids or proposals for the
Construction of Carlton J. Peterson Park Improvements in said
City.
Bids will be opened and publicly read immediately in the
Office of the City Clerk, Suite 330, 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 Construction of Carlton J. Peterson Park Improvements."
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
N\1011%PWRESO%D.B. 5.2B\8J89 1
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 330,
21660 E. Copley Drive, Diamond Bar, California, 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, twenty-five dollars ($25.00) 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 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
M 1011%PWRESOID.B. 5.2B%8/89 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
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 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 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 Section 1773.8.
M 1011�PWRESOXD.B. 5.2818/89 3
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 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 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 B-1 contractor at 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 specificationsjof 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 $25.00, said $25.00 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.
M 10111PWRESOM B. 5.2B%8/89 4
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.
By order of the City Council of the City of Diamond Bar,
California.
Dated this 15th
day of August , 19 89
PASSED, ADOPTED and APPROVED by the City Council of the City
of Diamond Bar, California, this 15th day of August ,
1989
{
_ATTEST:
Ci Clerk
I, LINDA 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
15th day of _August , 19 89, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
Forbing, Miller, Werner, Mayor
Pro Tem Horcher, Mayor Papen
None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Nope .
LYbMA BURGESS, City Clerk
City of Diamond Bar
N11011%PWRESM.B. 5.2B\8/89 5