(A) Unless otherwise agreed to by the Central Purchasing Office and CIP, the purchase of goods, services and construction for capital projects not procured through the Central Purchasing Office, shall be procured through CIP, in accordance with the "Regulation Governing the Award and Rejection of Bids/Offers and Debarment of Contractors for Public Works Projects of the City of Albuquerque", effective July 25, 2008, or as hereafter amended.
(B) Goods, services and construction projects procured through CIP must comply with the reporting and preference requirements of § 5-5-31 of the Public Purchases Ordinance, except when the preference creates a conflict with federal laws relating to federally funded contracts.
(C) Unless otherwise exempted below, change orders for capital project contracts awarded in accordance with the "Regulation Governing the Award and Rejection of Bids/Offers and Debarment of Contractors for Public Works Projects of the City of Albuquerque" shall not add additional scope that exceeds 35% of the original contract amount. Any change order or combination of changes ordered, or change orders that can be reasonably anticipated within 12 months of the initial award, that exceed this limit may be awarded only through a separate competitive solicitation unless the change was the result of:
(1) A previously unknown or unforeseen condition at the time of the initial bid;
(2) Unanticipated claims related to the project;
(3) An emergency;
(4) Work that completes an additional segment or portion of the overall project that is functionally consistent with the bid where a written justification is prepared by the Director of the Department of Municipal Development describing why the change is in the economic interests of the city and otherwise not inconsistent with the purposes and benefits of separate competitive solicitation. A copy of this justification shall be provided to the City Attorney (or designee) and the Internal Auditor prior to execution of any change order amendment(s) to the contract.
(D) Contractors must provide increased bonds to cover approved change orders for capital projects.
(E) The Mayor may promulgate additional or revised rules and regulations regarding the solicitation of offers for capital projects and the award or rejection of offers therefor, including but not limited to establishing procedures for the solicitation and consideration of offers, award or rejection of offers, determining the responsibility of offerors, and such other matters as the Mayor deems desirable for the efficient administration of capital projects.
(F) It is the policy of the city to require local participation in capital projects where possible. Major construction projects which can reasonably be expected to exceed $5,000,000 in cost may require that a market analysis be conducted to determine the percentage of local participation to be required for the project. This determination of the need for a market analysis and the appropriate local participation requirement shall be made on a case by case basis by the user with advice from the city's legal department as needed.
(G) The purchase of goods, services or construction for capital projects for the city shall not occur as part of a contract originally procured as a concession contract or entered into as a lease unless the following applies:
(1) The capital project is included in the original competitive solicitation for the concession contract or lease; or
(2) A city contractor is unable to complete a capital project, which was awarded to that city contractor through a competitive bid process, which will cause damage or harm to the concessionaire or lessee and the concessionaire or lessee can quickly complete the project as determined in writing by the CIP Official; or
(3) The purchase meets the requirements of an emergency purchase as set out in this article.
(H) Project Labor Agreements.
(1) Definitions. For purposes of this subsection, certain words and phrases used are defined as follows:
CONTRACTOR. A person entering into or performing a public works construction project.
PROJECT LABOR AGREEMENT. A pre-hire collective bargaining agreement with one or more labor organizations or with their representative(s) that establishes the terms and conditions of employment for a specific public works construction project.
PUBLIC WORKS CONSTRUCTION PROJECT or PROJECT. A city project subject to the New Mexico Public Works Minimum Wage Act.
SUBCONTRACTOR. Any person with whom a construction contractor or other subcontractor enters into a contract to perform a portion of any public works construction project.
TOTAL PROJECT COST. The total project cost of a project is the cost of all construction and construction-related activities, excluding the cost of real property acquisition. In a phased construction project, the total project cost of each phase is cumulative, so that the total project cost includes the costs of previous phases.
UNION. The New Mexico Building and Construction Trades Council and its affiliated unions and any other unions, which become a signatory to a project labor agreement governing the construction of a public works construction project.
(2) Use of a Project Labor Agreement. A project labor agreement shall be utilized in each city public works construction project where the total project cost is anticipated to exceed Ten Million Dollars ($10,000,000.00) and where at least three crafts will be employed on the project. This subsection shall apply to all public works construction projects unless the existence of a project labor agreement will jeopardize state, federal or other public funding sources. It shall be set forth in the construction bid documents for the public works construction project, as a condition of the award, that the successful bidder, including contractors and subcontractors at all tiers, shall be required to execute and be bound by a project labor agreement. The awarded general contractor shall execute a master project labor agreement, which will be filed with the City Clerk, and the terms in that project labor agreement shall govern all work on the construction of the project.
(3) Required articles in a project labor agreement. The city shall provide the required project labor agreement. Each project labor agreement shall contain, at a minimum, articles that address the following:
(i) Scope;
(ii) Wages and benefits;
(iii) Referral procedure;
(iv) No work stoppages;
(v) Management rights;
(vi) Jurisdictional disputes;
(vii) Union representation; and
(viii) Apprenticeship.
(4) Compliance with state and federal law. This subsection and the use of the project labor agreement shall be enforced only to the extent that it is consistent with the laws of the State of New Mexico and the United States.
(5) PLA required prior to project award being submitted to City Council. The City Council shall not consider or approve any recommendation of award for any project where a PLA is required, until a PLA has been executed.
(I) Any and all rules and regulations adopted or promulgated under this provision shall be consistent with and subject to the provisions of this article, and in the event of a conflict between such rules and regulations and this article, this article shall control.
('74 Code, § 5-7-11) (Ord. 6-1991; Am. Ord. 30-1998; Am. Ord. 51-1999; Am. Ord. 26-2011; Am. Ord. 2015-019; Am. Ord. 2017-009; Am. Ord. 2021-025) Penalty, see § 1-1-99