Title
Ordinance amending and supplementing the Pittsburgh Code of Ordinances, Title I: Administrative, Article VII: Procedures, Chapter 161: Contracts, by repealing Section 161.34 in its entirety and adding language directing City departments to review possible application of Project Labor Agreements to projects.
Body
WHEREAS, contracts for erection, construction, demolition, renovation and alteration of City of Pittsburgh (the "City")-owned or controlled buildings, facilities or infrastructure ("Public Works") projects are critically important to the City because such projects are vital to essential government functions and the City's ability to provide needed service to its citizens; and
WHEREAS, the City is currently planning numerous major Public Works projects and has a compelling proprietary objective in awarding contracts for this work in a manner that will yield successful project delivery in terms of work that is performed safely, at the lowest responsible cost, and in accordance with the highest possible standards of quality and efficiency; and
WHEREAS, a project labor agreement ("Project Labor Agreement") is a form of pre-hire collective bargaining agreement covering all terms and conditions of a specific project; and
WHEREAS, the use of Project Labor Agreements in appropriate circumstances can ensure the highest standards of quality and efficiency when selecting the lowest responsible bidder for appropriate City Public Works projects; and
WHEREAS, Pennsylvania courts have held that the use of Project Labor Agreements does not violate lowest responsible bidding requirements where the Project Labor Agreement requirement relates to the "responsibility" of the bidders within the meaning of the applicable legislative provision; see e.g. A. Pickett Const. Inc. v. Luzerne County Convention Center Authority, 738 A.2d 20, 24 (Pa. Commw. 1999); and
WHEREAS, securing successful delivery of Public Works projects presents significant challenges due to the ...
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