Title
Resolution to Suspend Use of Construction Unity Board (CUB) Agreement in Bid Specifications and New Construction Contracts Over $25,000.00
Staff
Prepared by: Mary Joan Fales, Senior Assistant City Attorney
Reviewed by: Stephen K. Postema, City Attorney
Approved by: Steven D. Powers, City Administrator
Body
Whereas, Project Labor Agreements are negotiated between local trade unions and contractors to insure labor peace on construction projects;
Whereas, On June 4, 2012, City Council adopted Resolution R-12-246 requiring the execution of CUB Agreements, a form of Project Labor Agreement, by contractors and subcontractors with the Washtenaw Skilled Building Trades Council as a condition of City contracts for City-bid new construction projects over $25,000;
Whereas, R-12-246 directed the City Administrator and the City Attorney to implement changes to the City procurement procedures and contracting documents to require CUB Agreements as a condition of award of new construction projects over $25,000;
Whereas, Effective June 29, 2012, Governor Snyder signed into law Public Act 238 of 2012, amending the Michigan Fair and Open Competition Act, and prohibiting a governmental unit from awarding a contract for the construction, repair, remodeling or demolition of a facility and any construction manager acting on behalf of the City from
· requiring or prohibiting a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with one or more labor organization(s) in regard to that project or related construction project;
· otherwise discriminating against a bidder, offeror, contractor, or subcontractor for becoming or remaining or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organization(s) in regard to that project or a related construction project;
Whereas, P.A. 238 also provides that the Act does not either prohibit employers or other parties from e...
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