Creates Onondaga Lake Amphitheater Infrastructure and Revitalization Project act

Summary of specific provisions

Section 1 of the bill identifies the act as the "Onondaga Lake Amphitheater Infrastructure and Revitalization Project".

Section 2 of the bill sets forth definitions for "Onondaga Lake Amphitheater Infrastructure and Revitalization Project" or "Project"; "County"; "Best value"; "Design-build contract"; "Procurement record"; and "Project labor agreement".

Section 3 of the bill permits Onondaga County to utilize a design-build contract for the construction of the Onondaga Lake Amphitheater. The authorization set forth in this section shall only apply when a project labor agreement is performed.

Section 4 of the bill establishes a two-step method to select an entity to enter into a design-build contract. First, the county shall advertise a request for qualifications which will include the selection criteria used in generating a list of entities capable to perform a design-build contract. The selection criteria shall include the qualifications and experience of the design and construction team, past record of compliance with the labor law, record of protecting the health and safety of workers, financial capability, reliability, compliance with equal employment opportunity requirements and anti-discrimination laws, commitment to working with minority and women-owned businesses, and whether the entity is debarred for having disregarded obligations to employees under federal law. Next, the county shall issue a request for proposals to the entities that have demonstrated the criteria in response to the request for qualifications. The proposal which is the best value to the county shall be selected. Any person or entity that is debarred for having disregarded obligations to employees under federal law, and any firm, corporation, partnership or association in which the person or entity owns or controls at least ten percent shall be ineligible to submit a bid.

Section 5 of the bill requires that any contract entered into pursuant to this act shall include a provision requiring that any professional engineering and land surveying services, architecture services, and landscape architecture services shall be performed and stamped and sealed, where appropriate, by such licensed professional.

Section 6 of the bill provides that the project shall be deemed a public work to be performed in accordance with article 8 of the labor law including the enforcement of prevailing wage requirements.

Section 7 of the bill provides that a project labor agreement shall be included in the request for proposals for the project, provided that based upon a study, the county determines that its interest in obtaining the best work at the lowest possible price and other considerations are best met by requiring a project labor agreement. In the absence of a project labor agreement, the county shall not utilize a design-build contract and the traditional competitive bidding laws shall apply.

Section 8 of the bill states that each contract entered into by the county shall comply, whenever practical, with the objectives and goals of minority and women-owned business enterprises pursuant to the executive law.

Section 9 of the bill provides that the project shall be subject to the environmental quality review standards set forth in the environmental conservation law.

Section 10 of the bill states that if otherwise applicable the project shall be governed by the general municipal law.

Section 11 of the bill provides that submissions of a proposal or the execution of a design-build contract shall not be considered an unauthorized practice under the education law.

Section 12 of the bill states that nothing contained in the act shall limit the right or obligation of the county to comply with the provisions of any existing contract or to award contracts as otherwise provided by law.

Section 13 of the bill provides for an immediate effective date and states that the act shall expire in two years.

Effects of present law which this bill would alter

The design-bid-build method of procurement has traditionally applied to New York's public works projects. Under this method, separate contracts are awarded for the design and construction of a project. With important labor protections in place, including a project labor agreement, this bill permits Onondaga county to utilize a design build contract whereby the design and construction are performed by a single entity.

Justification

The Onondaga Lake Amphitheater Infrastructure and Revitalization Project offers an opportunity to spur economic activity in the Onondaga Lake region. When utilized with important labor safeguards, including project labor agreements, design-build contracts offer the potential to expedite development. This act will help create important construction jobs, provide an economic boost for our citizens, and generate tourism.

Prior legislative history

New Bill

Fiscal implications

Unknown

Effective

Immediately