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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.
________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney