Presenter
Presented by Mr. Kraus
Title
Resolution authorizing the Mayor and Director of the Department of Public Works, on behalf of the City of Pittsburgh, to enter into a Project Labor Agreement with the Pittsburgh Regional Building and Construction Trades Council, AFL-CIO (attached hereto as Exhibit #1) that will apply to all phases of installation of the City's LED street light conversion construction project.
Body
WHEREAS, the City has the need for the timely and competent completion of contracted work to be performed pursuant to the LED street light conversion construction project; and
WHEREAS, the City is acting as a market participant when it contracts out the work contemplated by this project to third parties and the City must use all of the available tools to ensure that it receives the best work for the monies that it expends; and
WHEREAS, in Western Pennsylvania other public entities have successfully utilized project labor agreements ("PLAs") on projects to ensure an adequate supply of highly skilled labor, uniform work rules, mandatory drug testing, no work stoppages, and alternatives dispute resolution processes for workers and their employers to result in the highest quality workmanship and a promptly completed project; and
WHEREAS, the courts in Pennsylvania as well as the federal courts have consistently held that public entities are entitled to utilize PLAs. A. Pickett Constr.,Inc. v. Luzerne County Convention Center Auth., 738 A.2d 20 (Pa. Cmwlth. 1999); Sossong v. Shaler Area School District and Pittsburgh Regional Building Trade Council, 945 A.2d 788 (Pa. Cmwlth. 2008), Re-argument denied by en banc, 2009 Pa. Cmwlth. LEXIS 384 (Pa. Cmwlth. 2009), Appeal denied, 967 A.2d 962 (Pa. 2009); Building and Constr. Trades Council v. Associated Builders & Contractors of Massachusetts/Rhode Island (Boston Harbor), 507 U.S. 218 (1993); and
WHEREAS, the Pittsburgh Regional Building and Construction Trades Council, AFL-CIO has d...
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