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95-135 RESOLUTION NO. 95R-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE WAGE DETERMINATIONS OF THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS AND DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM WAGES WHEREAS, the City Council of the City of Anaheim may award contracts for the construction of "public works" as defined in Section 1720 of the Labor Code; and WHEREAS, the City of Anaheim, is a City formed and operating under a freeholders' charter; and WHEREAS, a substantial number of the public works contracts awarded by the City are funded, in whole or part, by state or federal grant funds (the "Grant Funds"); and WHEREAS, conditions for the receipt and use of said Grant Funds typically require the City to compel contractors and subcontractors on public works projects involving Grant Funds to pay workers not less than the prevailing rates of wages as determined by the Director of the California Department of Industrial Relations; and WHEREAS, Part 7 of Division 2 of the Labor Code of the State of California, and applicable case law, requires public agencies to compel contractors and subcontractors on public works contracts involving matters of statewide concern to pay workers not less than the prevailing rate of per diem wages; and WHEREAS, contracts involving Grant Funds and/or matters of statewide concern comprise a substantial portion of the total number of public works contracts awarded by the city; and WHEREAS, Section 1770 of the Labor Code requires the Director of the California Department of Industrial Relations to determine the prevailing rate of per diem wages; and WHEREAS, the Director has determined and periodically changes the prevailing rate of per diem wages. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim, in order to comply with state and federal grant requirements and to provide for the orderly administration of all public works contracts awarded by the City, does hereby adopt the rates of per diem wages, as heretofore determined and may be further promulgated by the Director of Industrial Relations, for all public works contracts awarded by the City. BE IT FURTHER RESOLVED that the Director of the Department of Public Works be, and is hereby, authorized and directed to either: (1) specify in the call for bids, the bid specifications, and the contract documents the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute the contract or (2) include in the contract documents a statement that the rates of per diem wages are on file in the Office of the Public Works Director and cause a copy of the prevailing rate of per diem wages to be posted at each job site. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of July , 1995. MAYOR OF THE CITY OF ANA~M ATTEST~ CITY CLERK OF THE CITY OF ANAHEIM 5049.2-8\JWHITE\Ju[y 13, 1995 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-135 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of July, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-135 on the 18th day of July, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of July, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-135 was duly passed and adopted by the City Council of the City of Anaheim on July 18th, 1995. CITY CLERK OF THE CITY OF ANAHEIM