A 8121: Creates the Oak Orchard wastewater project; provides that Onondaga county, within certain requirements and only when a project labor agreement is performed, the county may utilize the alternative delivery method referred to as a design-build contract for a project.

  
  STATE OF NEW YORK ________________________________________________________________________ 8121 2025-2026 Regular Sessions  IN ASSEMBLY May 1, 2025 ___________ Introduced by M. of A. STIRPE -- read once and referred to the Committee on Local Governments AN ACT creating the Oak Orchard wastewater project; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Oak 2 Orchard wastewater project act". 3 § 2. Definitions. For the purposes of this act, the following terms 4 shall have the following meanings: 5 1. "Oak Orchard wastewater project" or "project" shall mean, in 6 conformity with the requirements of this act, any and all phases of 7 planning, development, financing, design, construction, expansion, 8 improvements, repairs which are undertaken in whole or in part by the 9 county for the wastewater treatment plant known as the "Oak Orchard 10 wastewater treatment plant" located at 4300 Oak Orchard Road in the Town 11 of Clay, Onondaga county, SBL No. 031.-01-03.0, including any other 12 necessary improvements or expansions to the county wastewater treatment 13 and collection system within five miles of the perimeter of the plant. 14 2. "Oak Orchard wastewater treatment plant" shall mean the parcel more 15 particularly described as follows: 16 Beginning at a point on the division line between said lands conveyed 17 to Joseph V. Jankowski by the first above mentioned deed on the west and 18 lands conveyed by Scott Sitterly and Lena E. Sitterly to Green Island 19 Contracting Corporation in Parcel No. 1 of feed dated April 24, 1970 and 20 recorded in Onondaga County Clerk's Office on April 24, 1970 in Book of 21 Deeds 2426 at Page 210, on the east, said point also being 400 distant 22 southerly, measured along the division line from its intersection with 23 the division line between lands conveyed to Joseph V. Jankowski in the 24 first above mentioned deed, on the south, and said lands conveyed to 25 Green Island Contracting Corporation in Parcel No. 2 of the aforemen- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11648-01-5 
 A. 8121 2 1 tioned deed, on the north; running thence S 3°03'04" E along said divi- 2 sion line and its southerly prolongation, a distance of 2587.66 feet to 3 a point on the easterly prolongation of the southerly boundary of lands 4 conveyed by Effie J. Bush to Scott Sitterly and Lena E. Sitterly by deed 5 dated March 1, 1994 and recorded in Onondaga County Clerk's Office on 6 March 2, 1944, in Book of Deeds 1089 at Page 35; thence S 86°.4'06" W, a 7 distance of 1141.86 feet to the southeast corner of said lands conveyed 8 to Scott Sitterly and Lena E. Sitterly in the last mentioned deed; 9 thence N 4°04'05" W along the easterly boundary of said lands conveyed 10 to Scott Sitterly and Lena E. Sitterly, a distance of 663.82 feet to the 11 northeast corner thereof; thence S86°28'55" W along the northerly bound- 12 ary of said lands conveyed by Effie J. Bush to Scott Sitterly and Lena 13 E. Sitterly, a distance of about 119 feet to the centerline of "Mud 14 Creek"; thence northerly along the centerline of Mud Creek", as it winds 15 and turns, a distance of about 1965 feet to its intersection with the 16 southwest prolongation of the southeasterly boundary of lands conveyed 17 by Owen P. Honors to Charles F. Honors and Marion F. Honors by deed 18 dated April 8, 1972 and recorded in Onondaga County Clerk's Office on 19 June 30, 1972 in Book of Deeds 2478 at Page 719; thence N 41°08'58" E 20 along said prolongation and along the southeasterly boundary of said 21 lands conveyed to Charles F. Honors and Marion F. Honors, a distance of 22 about 595 feet to a point, said point being S 41°08'58" W, a distance of 23 238.94 feet as measured along the southeasterly boundary from an iron 24 pipe monument marking the most easterly corner of said lands conveyed to 25 Charles F. Honors and Marion F. Honors; thence N 86°28'55" E, parallel 26 to the southerly boundary of Farm Lot No. 16, a distance of 1328.39 feet 27 to a point of beginning. Containing 74.41 acres of land more or less. 28 Subject to a Flowage Easement granted by William Lepinski and Dora 29 Lepinske to the State of New York dated January 2, 1917 and recorded in 30 Onondaga County Clerk's Office on January 27, 1917 in Book of Deed 455 31 at Page 176. 32 3. "County" shall mean the county of Onondaga. 33 4. "Best value" shall mean the basis for awarding contracts for 34 services to the proposer that optimize quality, cost and efficiency, 35 price and performance criteria, which may include, but is not limited 36 to: 37 (a) The quality of the contractor's performance on previous projects; 38 (b) The timeliness of the contractor's performance on previous 39 projects; 40 (c) The level of customer satisfaction with the contractor's perform- 41 ance on previous projects; 42 (d) The contractor's record of performing previous projects on budget 43 and ability to minimize cost overruns; 44 (e) The contractor's ability to limit change orders; 45 (f) The contractor's ability to prepare appropriate project plans; 46 (g) The contractor's technical capacities; 47 (h) The individual qualifications of the contractor's key personnel; 48 (i) The contractor's ability to assess and manage risk and minimize 49 risk impact; and 50 (j) The contractor's past record of encouraging women and minority 51 owned business enterprise participation and compliance with article 15-A 52 of the executive law. 53 Such basis shall reflect, wherever possible, objective and quantifiable 54 analysis. 55 5. "Design-build contract" shall mean, in conformity with the require- 56 ments of this act a contract for the design and construction of the Oak 
 A. 8121 3 1 Orchard wastewater project with a single entity, which may be a team 2 comprised of separate entities. 3 6. "Procurement record" shall mean documentation of the decisions made 4 and the approach taken in the procurement process. 5 7. "Project labor agreement" shall mean a pre-hire collective bargain- 6 ing agreement between a contractor and a bona fide building and 7 construction trade labor organization establishing the labor organiza- 8 tion as the collective bargaining representative for all persons who 9 will perform work on a project, and which provides that only contractors 10 and subcontractors who sign a pre-negotiated agreement with the labor 11 organization can perform project work. 12 § 3. Notwithstanding section 103 of the general municipal law or the 13 provisions of any other law to the contrary, in conformity with the 14 requirements of this act, and only when a project labor agreement is 15 performed, the county may utilize the alternative delivery method 16 referred to as a design-build contract for a project. The county shall 17 ensure that its procurement record reflects the design-build contract 18 process authorized by this act. 19 § 4. An entity selected by the county to enter into a design-build 20 contract for a project shall be selected on the basis of which proposal 21 provides the best value to the county, as follows: 22 1. The county shall issue a request for proposals for a project. The 23 request for proposals for a project shall set forth the project's scope 24 of work, qualifications and experience required, minimum business terms, 25 technical requirements as well as other requirements, as determined by 26 the county. The request for proposals shall specify the criteria to be 27 used to evaluate the responses and the relative weight of each such 28 criteria. Such criteria shall include the proposal's cost, the quality 29 of the proposal's solution, the qualifications and experience of the 30 design-build entity, adherence to minimum business terms, technical 31 approach and other factors deemed pertinent by the county, which may 32 include, but shall not be limited to, the proposal's project implementa- 33 tion, ability to complete the work in a timely and satisfactory manner, 34 operation and maintenance costs of the completed project, maintenance of 35 traffic approach, and community impact. Any contract awarded pursuant to 36 this act shall be awarded to a responsive and responsible entity that 37 submits the proposal, which, in consideration of these and other speci- 38 fied criteria deemed pertinent to the project, offers the best value to 39 the county, as determined by the county. Nothing in this act shall be 40 construed to prohibit the county from negotiating final contract terms 41 and conditions including cost. As used herein, qualifications and expe- 42 rience shall include the qualifications and experience of the design and 43 construction team, organization, demonstrated responsibility, ability of 44 the team or of a member or members of the team to comply with applicable 45 requirements, including the provisions of articles 145, 147 and 148 of 46 the education law, past record of compliance with the labor law includ- 47 ing prevailing wage requirements under state and federal law; the past 48 record of compliance with existing labor standards and maintaining 49 harmonious labor relations; the record of protecting the health and 50 safety of workers on public works projects and job sites as demonstrated 51 by the experience modification rate for each of the last three years; 52 the prospective proposer's ability to undertake the particular type and 53 complexity of work; the financial capability, responsibility and reli- 54 ability of the prospective proposer for such type and complexity of 55 work; the prospective proposer's compliance with equal employment oppor- 56 tunity requirements and anti-discrimination laws, and demonstrated 
 A. 8121 4 1 commitment to working with minority and women-owned businesses through 2 joint ventures or subcontractor relationships; whether or not the 3 prospective proposer or a person or entity with an interest of at least 4 ten per centum in the prospective proposer, is debarred for having 5 disregarded obligations to employees under the Davis-Bacon Act pursuant 6 to 40 U.S.C. 3144 and 29 C.F.R. 5.12 and such other qualifications the 7 county deems appropriate which may include but are not limited to 8 project understanding, financial capability and record of past perform- 9 ance. To the extent consistent with applicable federal law, the county 10 shall consider, when awarding any contract pursuant to this section, the 11 participation of: (a) firms certified pursuant to article 15-A of the 12 executive law as minority or women-owned businesses and the ability of 13 other businesses under consideration to work with minority and women- 14 owned businesses so as to promote and assist participation by such busi- 15 nesses; and (b) small business concerns identified pursuant to subdivi- 16 sion (b) of section 139-g of the state finance law. 17 2. Notwithstanding the foregoing provisions of this section, when any 18 person or entity is debarred for having disregarded obligations to 19 employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 20 C.F.R. 5.12, such person or entity, and any firm, corporation, partner- 21 ship or association in which the person or entity owns or controls at 22 least ten per centum, shall be ineligible to submit a bid on or be 23 awarded any contract authorized by this act while the name of the person 24 or entity is published in the list of debarred contractors pursuant to 25 40 U.S.C. 3144. The department of labor will notify the person or entity 26 immediately of such ineligibility and such person or entity must be 27 afforded the opportunity to appeal to the department of labor. 28 § 5. Any contract entered into pursuant to this act shall include a 29 clause requiring that any professional services regulated by articles 30 145, 147 and 148 of the education law shall be performed and stamped and 31 sealed, where appropriate, by a professional licensed in accordance with 32 such articles. 33 § 6. The construction, demolition, reconstruction, excavation, reha- 34 bilitation, repair, renovation of a project undertaken by the county 35 pursuant to this act shall be deemed a "public work" to be performed in 36 accordance with the provisions of article 8 of the labor law, as well as 37 subject to sections 200, 240, 241 and 242 of the labor law and enforce- 38 ment of prevailing wage requirements by the New York state department of 39 labor. 40 § 7. A project labor agreement shall be included in the request for 41 proposals for a project, provided that, based upon a study done by or 42 for the county, the county determines that its interest in obtaining the 43 best work at the lowest possible price, preventing favoritism, fraud and 44 corruption, and other considerations such as the impact of delay, the 45 possibility of cost savings advantages, and any local history of labor 46 unrest, are best met by requiring a project labor agreement. The county 47 shall conduct such a study and the project labor agreement shall be 48 performed consistent with the provisions of section 222 of the labor 49 law. If a project labor agreement is not performed on the project: (1) 50 the county shall not utilize a design-build contract for the project; 51 and (2) sections 101 and 103 of the general municipal law shall apply to 52 the project. 53 § 8. Each contract entered into by the county pursuant to this act 54 shall comply, whenever practical, with the objectives and goals of 55 minority and women-owned business enterprises pursuant to article 15-A 56 of the executive law or, if a project receives federal aid, shall comply 
 A. 8121 5 1 with applicable federal requirements for disadvantaged business enter- 2 prises. 3 § 9. A project undertaken by the county pursuant to this act shall be 4 subject to the requirements of article 8 of the environmental conserva- 5 tion law, and, where applicable, the requirements of the national envi- 6 ronmental policy act. 7 § 10. If otherwise applicable, a project undertaken by the county 8 pursuant to this act shall be governed by the general municipal law. 9 § 11. The submission of a proposal or responses or the execution of a 10 design-build contract pursuant to this act shall not be construed to be 11 a violation of section 6512 of the education law. 12 § 12. Nothing contained in this act shall limit the right or obli- 13 gation of the county to comply with the provisions of any existing 14 contract, including any existing contract with or for the benefit of the 15 holders of the obligations of the county, or to award contracts as 16 otherwise provided by law. 17 § 13. This act shall take effect immediately and shall expire and be 18 deemed repealed ten years after such date, provided that if Onondaga 19 county has issued requests for proposals for a project prior to such 20 repeal, such project shall be permitted to continue under this act 21 notwithstanding such repeal.