SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 000722

Amending Chapter 2 , Code of Ordinances by adding Section 2-1656, entitled Consideration of project labor agreements.

WHEREAS, City government has a duty to its taxpayers to contract for construction services in a manner designed to obtain the best contractor performance for the lowest cost; and

WHEREAS, Project Labor Agreements have been utilized by both public and private entities to ensure an efficient construction project, completed as quickly and effectively as possible at the lowest cost; and

WHEREAS, if the City of Kansas City, Missouri, can achieve efficiency and cost savings on a particular project by utilizing a Project Labor Agreement, the Citys administrators should negotiate such an agreement prior to bidding the project; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is amended by enacting a new Section 2-1656, to read as follows:

Sec. 2-1656. Consideration of project labor agreements.

(a) On all construction projects for which the construction contract estimate is $5,000,000.00 or more, the director of the department which is to administer the project shall make an evaluation as to whether or not the interests of the City would be best served by utilization of a Project Labor Agreement and report to the City Council conclusions in this regard prior to putting the project out for bids.

(b) The director shall consider the following factors to form a recommendation as to whether to use a Project Labor Agreement for a particular Project:

(1) The dollar amount of the project.

(2) The exigency of the time demands in completing the project.

(3) The extent to which the public will be inconvenienced during the course of the project and by any delay in completion.

(4) The number of anticipated contractor/subcontractors likely to be involved in the project.

(5) The number and identity of the construction crafts necessary to the project.

(6) Labor market conditions and the availability of craft workers in each of the identified crafts.

(7) Which, if any, crafts are likely to be performing work on the project simultaneously.

(8) The potential impact upon the projected schedule and inconvenience to the public resulting from picketing and/or work stoppages should union and non-union craft workers be engaged simultaneously.

(9) The need for coordination among the work of the contractor/subcontractors and the various crafts in completing the project in a timely manner.

(10) The extent to which area labor agreements applicable to any of the crafts necessary to the project will be subject to expiration/renegotiation during the projected pendency of the project.

(11) Whether or not federal/state prevailing wage laws are applicable to the project and, if so,

(12) How any such prevailing wage specifications compare to area wage/benefit specifications of applicable craft agreements.

(13) Any special circumstances applicable to the project.

(c) Any such Project Labor Agreement included in the specifications will in all respect conform to the Missouri Prevailing Wage Act, Sections 290.210 through 290.340, RSMo, and applicable wage orders promulgated thereunder.

(d) The term Project Labor Agreement as used in this ordinance means a comprehensive pre-hire collective bargaining agreement which provides basic terms and conditions for labor that will be employed by contractors and subcontractors on the project.

(e) All negotiations directly related to the Project Labor Agreement undertaken by the City shall include either the President of the Builders Association or the Executive Director of the Heavy Constructors Association, or both (as) the representatives of the contract(s).

(f) This agreement shall be inclusive of all City ordinances, presently in effect, that relate to MBE/WBE participation requirements on City projects.

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Approved as to form and legality:

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Assistant City Attorney