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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
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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.
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