senate Bill S7745

Signed By Governor
2013-2014 Legislative Session

Creates Onondaga Lake Amphitheater Infrastructure and Revitalization Project act

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this bill?

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 15, 2014 signed chap.351
Sep 11, 2014 delivered to governor
Jun 18, 2014 returned to senate
passed assembly
ordered to third reading rules cal.379
substituted for a9964
Jun 17, 2014 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1479
committee discharged and committed to rules
Jun 04, 2014 referred to local government

Votes

view votes

S7745 - Bill Details

See Assembly Version of this Bill:
A9964
Law Section:
Onondaga County

S7745 - Bill Texts

view summary

Creates Onondaga Lake Amphitheater Infrastructure and Revitalization Project; provides for the construction of a performing arts amphitheater known as the "Onondaga Lake Amphitheater" located in the town of Geddes on the western shore of Onondaga Lake.

view sponsor memo
BILL NUMBER:S7745 REVISED 6/5/14

TITLE OF BILL: An act creating the Onondaga Lake Amphitheater
Infrastructure and Revitalization Project; and providing for the
repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: To facilitate the construction of a
performing arts amphitheater known as the Onondaga Lake Amphitheater
located in the Town of Geddes on the western shore of Onondaga Lake.

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


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7745

                            I N  S E N A T E

                              June 4, 2014
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT creating the Onondaga Lake Amphitheater Infrastructure and  Revi-
  talization  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:

  Section  1.  This act shall be known and may be cited as the "Onondaga
Lake Amphitheater Infrastructure and Revitalization Project act".
  S 2. Definitions. For the purposes of this act,  the  following  terms
shall have the following meanings:
  1.  "Onondaga  Lake  Amphitheater  Infrastructure  and  Revitalization
Project" or "project" shall mean, in conformity with the requirements of
this act, the construction of a performing arts  amphitheater  known  as
the  "Onondaga  Lake  Amphitheater" located in the Town of Geddes on the
western shore of Onondaga Lake that is part of the Onondaga County Revi-
talization project which was partially funded in the 2014 New York state
budget.
  2. "County" shall mean the county of Onondaga.
  3. "Best value" shall  mean  the  basis  for  awarding  contracts  for
services to the bidder that optimize quality, cost and efficiency, price
and performance criteria, which may include, but is not limited to:
  (a) The quality of the contractor's performance on previous projects;
  (b)  The  timeliness  of  the  contractor's  performance  on  previous
projects;
  (c) The level of customer satisfaction with the contractor's  perform-
ance on previous projects;
  (d)  The contractor's record of performing previous projects on budget
and ability to minimize cost overruns;
  (e) The contractor's ability to limit change orders;
  (f) The contractor's ability to prepare appropriate project plans;
  (g) The contractor's technical capacities;
  (h) The individual qualifications of the contractor's key personnel;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15474-01-4

S. 7745                             2

  (i) The contractor's ability to assess and manage  risk  and  minimize
risk impact; and
  (j)  The  contractor's  past record of encouraging women and minority-
owned business enterprise participation and compliance with article 15-A
of the executive law.
  Such basis shall reflect, wherever possible, objective  and  quantifi-
able analysis.
  4. "Design-build contract" shall mean, in conformity with the require-
ments  of  this  act,  a contract for the design and construction of the
Onondaga Lake Amphitheater  Infrastructure  and  Revitalization  Project
with  a  single  entity, which may be a team comprised of separate enti-
ties.
  5. "Procurement record" shall mean documentation of the decisions made
and the approach taken in the procurement process.
  6. "Project labor agreement" shall mean a pre-hire collective bargain-
ing agreement  between  a  contractor  and  a  bona  fide  building  and
construction  trade  labor organization establishing the labor organiza-
tion as the collective bargaining representative  for  all  persons  who
will  perform work on the project, and which provides that only contrac-
tors and subcontractors who sign a  pre-negotiated  agreement  with  the
labor organization can perform project work.
  S  3.  Notwithstanding section 103 of the general municipal law or the
provisions of any other law to the  contrary,  in  conformity  with  the
requirements  of  this  act,  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 the project. The county shall
ensure  that  its  procurement record reflects the design-build contract
process authorized by this act.
  S 4. An entity selected by the county to  enter  into  a  design-build
contract for the project shall be selected through a two-step method, as
follows:
  1.  Step  one. Generation of a list of entities that have demonstrated
the general capability  to  perform  a  design-build  contract  for  the
project.  Such  list shall consist of a specified number of entities, as
determined by the county, and shall be generated based upon the county's
review of responses to a publicly advertised request for  qualifications
for the project. The county's request for qualifications for the project
shall  include  a general description of the project, the maximum number
of entities to be included on the list, and the selection criteria to be
used in generating the list. Such selection criteria shall  include  the
qualifications  and  experience  of  the  design  and construction team,
organization, demonstrated responsibility, ability of the team or  of  a
member  or  members  of the team to comply with applicable requirements,
including the provisions of articles 145, 147 and 148 of  the  education
law,  past  record of compliance with the labor law including prevailing
wage requirements under state  and  federal  law;  the  past  record  of
compliance  with  existing  labor  standards  and maintaining harmonious
labor relations; the record of protecting the health and safety of work-
ers on public works projects and job sites as demonstrated by the  expe-
rience  modification rate for each of the last three years; the prospec-
tive bidder's ability to undertake the particular type and complexity of
work; the financial capability, responsibility and  reliability  of  the
prospective bidder for such type and complexity of work; the prospective
bidder's  compliance  with equal employment opportunity requirements and
anti-discrimination laws, and demonstrated commitment  to  working  with
minority  and  women-owned  businesses through joint ventures or subcon-

S. 7745                             3

tractor relationships; whether or not the prospective bidder or a person
or entity with an interest of at least ten per centum in the prospective
bidder, is debarred for  having  disregarded  obligations  to  employees
under  the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12
and such other qualifications the county  deems  appropriate  which  may
include but are not limited to project understanding, financial capabil-
ity  and  record of past performance. The county shall evaluate and rate
all entities responding to the request for  qualifications.  Based  upon
such  ratings,  the  county shall list the entities that shall receive a
request for  proposals  in  accordance  with  subdivision  two  of  this
section. To the extent consistent with applicable federal law, the coun-
ty  shall consider, when awarding any contract pursuant to this section,
the participation of: (a) firms certified pursuant to  article  15-A  of
the  executive law as minority or women-owned businesses and the ability
of other businesses  under  consideration  to  work  with  minority  and
women-owned businesses so as to promote and assist participation by such
businesses;  and  (b)  small  business  concerns  identified pursuant to
subdivision (b) of section 139-g of the state finance law.
  2. Step two. Selection of the proposal which is the best value to  the
county.  The  county shall issue a request for proposals for the project
to the entities listed pursuant to subdivision one of this  section.  If
such  an  entity  consists  of a team of separate entities, the entities
that comprise such a team must remain unchanged from the entity as list-
ed pursuant to subdivision one of this section unless otherwise approved
by the county. The request for proposals for the project shall set forth
the project's scope of work, and other requirements,  as  determined  by
the  county.  The request for proposals shall specify the criteria to be
used to evaluate the responses and the  relative  weight  of  each  such
criteria.  Such  criteria shall include the proposal's cost, the quality
of the proposal's solution, the qualifications  and  experience  of  the
design-build  entity,  and other factors deemed pertinent by the county,
which may include, but shall not be limited to, the  proposal's  project
implementation,  ability  to complete the work in a timely and satisfac-
tory manner, maintenance costs of the completed project, maintenance  of
traffic approach, and community impact. Any contract awarded pursuant to
this  act  shall  be awarded to a responsive and responsible entity that
submits the proposal, which, in consideration of these and other  speci-
fied  criteria deemed pertinent to the project, offers the best value to
the county, as determined by the county. Nothing in this  act  shall  be
construed  to  prohibit the county from negotiating final contract terms
and conditions including cost.
  3. Notwithstanding the foregoing provisions of this section, when  any
person  or  entity  is  debarred  for  having disregarded obligations to
employees under the Davis-Bacon Act pursuant to 40 U.S.C.  3144  and  29
C.F.R.  5.12, such person or entity, and any firm, corporation, partner-
ship or association in which the person or entity owns  or  controls  at
least  ten  per  centum,  shall  be  ineligible to submit a bid on or be
awarded any contract authorized by this act while the name of the person
or entity is published in the list of debarred contractors  pursuant  to
40 U.S.C. 3144. The department of labor will notify the person or entity
immediately  of  such  ineligibility  and  such person or entity must be
afforded the opportunity to appeal to the department of labor.
  S 5. Any contract entered into pursuant to this act  shall  include  a
clause  requiring  that  any professional services regulated by articles
145, 147 and 148 of the education law shall be performed and stamped and

S. 7745                             4

sealed, where appropriate, by a professional licensed in accordance with
such articles.
  S  6.  The construction, demolition, reconstruction, excavation, reha-
bilitation, repair, renovation of the project undertaken by  the  county
pursuant  to this act shall be deemed a "public work" to be performed in
accordance with the provisions of article 8 of the labor law, as well as
subject to sections 200, 240, 241 and 242 of the labor law and  enforce-
ment of prevailing wage requirements by the New York state department of
labor.
  S  7.  A  project labor agreement shall be included in the request for
proposals for the project, provided that, based upon a study done by  or
for the county, the county determines that its interest in obtaining the
best work at the lowest possible price, preventing favoritism, fraud and
corruption,  and  other  considerations such as the impact of delay, the
possibility of cost savings advantages, and any local history  of  labor
unrest,  are best met by requiring a project labor agreement. The county
shall conduct such a study and the  project  labor  agreement  shall  be
performed  consistent  with  the  provisions of section 222 of the labor
law. If a project labor agreement is not performed on the  project;  (1)
the  county  shall  not utilize a design-build contract for the project;
and (2) sections 101 and 103 of the general municipal law shall apply to
the project.
  S 8. Each contract entered into by the county  pursuant  to  this  act
shall  comply,  whenever  practical,  with  the  objectives and goals of
minority and women-owned business enterprises pursuant to  article  15-A
of  the  executive  law  or,  if the project receives federal aid, shall
comply with applicable federal requirements for  disadvantaged  business
enterprises.
  S  9.  The project undertaken by the county pursuant to this act shall
be subject to the requirements of article 8 of the environmental conser-
vation law, and, where applicable,  the  requirements  of  the  national
environmental policy act.
  S  10.  If  otherwise applicable, the project undertaken by the county
pursuant to this act shall be governed by the general municipal law.
  S 11. The submission of a proposal or responses or the execution of  a
design-build  contract pursuant to this act shall not be construed to be
a violation of section 6512 of the education law.
  S 12. Nothing contained in this act shall limit  the  right  or  obli-
gation  of  the  county  to  comply  with the provisions of any existing
contract, including any existing contract with or for the benefit of the
holders of the obligations of the  county,  or  to  award  contracts  as
otherwise provided by law.
  S  13.  This act shall take effect immediately and shall expire and be
deemed repealed two years after such date, provided  that,  if  Onondaga
county  has  issued requests for qualifications for the project prior to
such repeal, such project shall be permitted to continue under this  act
notwithstanding such repeal.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.