Lemoore Municipal Code Ch. 9 Prevailing Wages for Public Works Projects

The construction by the city of its public works, being a municipal affair, the provision of article 2, chapter 1, part 7, division 2 of the Labor Code of the state of California shall apply to the city only to the extent that the city council, in its sole discretion determines, provided that those sections of the Labor Code are not in conflict with the provisions of this chapter. (Ord. 2000-07, 3-21-2000)

As often as it is deemed advisable, the city manager, or his designee, shall prepare and submit to the council for its consideration, a resolution determining the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the city for each craft or type of work that are needed to execute contracts for construction, alteration, demolition, or repair of public works for the city. The council in its discretion, may determine and fix the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work and said determination shall be final. (Ord. 2000-07, 3-21-2000)

The notice calling for bids for construction, alteration, demolition and repair of public works and the contracts for such work shall contain provisions referring to the most recent council resolution determining the prevailing rate of per diem wages and the prevailing rate for holiday and overtime work and requiring payment of not less than the prevailing rate to all workers employed on the project for those public works that the council, in its discretion, under section 1-9-2 of this chapter has adopted, if any. (Ord. 2000-07, 3-21-2000)

Except for those contracts for which the council makes a determination under section 1-9-2 of this chapter, all city public works, purchasing and acquisition contracts shall make no provision for the payment of so-called prevailing wages. City bid documents shall stipulate that whatever wage rate as may be necessary for the bidder to submit a reasonable and responsible bid may be utilized by the bidder in its submission. Sections 1770 through 1773.5 of the Labor Code of the state of California shall not apply to the city. (Ord. 2000-07, 3-21-2000)

In such bids as the city shall by state or federal grant or contract be obligated to require, as a precedent to the retention of said grant or contract, that state and/or federal "prevailing wage" rates shall be utilized, and in such bids as involve projects of "statewide concern" the provisions of section 1-9-4 of this chapter shall not be applicable. (Ord. 2000-07, 3-21-2000)