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HomeMy WebLinkAbout5819 RESOLUTION NO. 5819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING INAPPLICABILITY OF PREVAILING WAGE RATES TO CERTAIN CITY PROJECTS (ARCADIA PUBLIC LIBRARY EXPANSION) EXCEPT WHERE REQUIRED BY LAW WHEREAS, section 200 of the Arcadia city Charter provides, in part, as follows: Section 200. The city shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. WHEREAS, the city presently has no provisions of law mandating prevailing wage rates either in the City Charter or city Ordinances; and WHEREAS, the City has in the past paid prevailing wage rates established by the State on all public works projects pursuant to general state Law; and WHEREAS, in view of economic factors and the varied needs of different projects, it is appropriate to review projects on a case by case basis to determine applicability of the so-called prevailing wage requirements; and WHEREAS, pursuant to review of the current city of Arcadia Library Expansion Project, and upon recommendation of the Project Manager, it has been determined to exempt contractors from the prevailing wage requirements as set forth in Labor Code Sections 1771 et. seq. with regard to subject project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1 SECTION 1. The Arcadia Library Expansion Project does not involve Federal or state grant funds or involve a project of statewide concern. SECTION 2. There shall be no prevailing wage rate established in the City of Arcadia for the public works project and related contracts referred to in this Resolution. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 20th day of September, 1994. ATTEST: , ci of Arcadia APPROVED AS TO FORM: mtJ!~)l/ ~ Michael H. Miller City Attorney 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5819 was passed and adopted by the city Council of the City of Arcadia, signed by the Mayor and attested to by the city Clerk at a regular meeting of said Council held on the 20th day of September, 1994 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young NOES: None ABSENT: None --- J ci erk memotanJum Date: September 12. 1994 TO: Mayor and city Council City Attorney 111 I~ ~ Resolution 5819- exemption of prevailing wage re library project- Agenda item: FROM: SUBJECT: Pursuant to recommendation of the Library Project Director, Lisa Sachs, and direction of the City Manager, the attached resolution has been prepared to exempt the City from prevailing wage requirements with regard to the contemplated construction project for the library expansion/renovation. Combined with a pre- qualification process for prospective contractors, the goal is to save costs without a sacrifice of quality. It is recommended that the prevailing wage exemption be in place in order to prepare bid documents that reflect the exemption. Charter Cities have the legal power to be exempt from so-called prevailing wage requirements of State law unless the project is of statewide concern or where state or federal grant monies are used. Subject resolution is designed to deal with the library project only. It acknowledges that grant monies are not utilized and that the project is not one of State concern. The attached excerpt from the City Manager memo of August 16, 1994 further explains the issue of "prevailing wage." Recommended Action: Adopt Resolution 5819 concu~\J~ city Manager t \ assist the Library in maintaining and improving the quality of library service to the community, They will explore the possibility of obtaining grant funds. They also plan to appeal to individuals and organizations in the community for support. Project Schedule The current projected schedule includes the following important dates: . Receive bids . Council review and approval or rejection of bids . A ward of contract . Begin construction . End construction Around the middle of September 1994 Around the middle of November 1994 December 1994 January 1995 September/October 1996 Construction is phased to allow the facility to maintain operations during the construction period, Prevailing Wage Issue Substantial cost savings can be realized if the City Council is able to consider bidding this project without the requirement of contractors to pay prevailing wages. At the lime the Project Manager prepared the Value Engineering Report to review cost savings items for the project on March 30, 1994, it was estimated that over $200,000 could be saved if this project was non-prevailing wage, The City Attorney has determined that Arcadia, as a Charter City, could exempt itself from prevailing wage requirements for the library project. The City of Bakersfield Prevailing Wage Ad Hoc Task Force conducted a survey of California charter cities, Forty-nine cities responded to the survey with ten (10) of them indicating they have some sort of prevailing wage exemption, Many cities review projects on a case by case basis and do exempt prevailing wage requirements when only city funds are utilized, This $200,000 issue would help close the projected financial "gap" for this project. The Project Manager has also recommended a "prequalification" package be issued to prospective bidders for the City Attorney to review, Prequalifying will assist the City in attracting only the most qualified bidders for the project. Environmental Analysis Pursuant to the provIsIons of the California Environmental Quality Act, the Community Development Department has prepared an initial study for the proposed project. Said initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance, When considering the record as a whole, there is no evidence that the porposed project wil! have any potential for adverse effect on wildlife resources of the habitat upon which the wildlife depends, Therefore, a Negative Declaration has been prepared for this project. f-/("C{Lf