S T A T E O F N E W Y O R K
________________________________________________________________________
8121
2025-2026 Regular Sessions
I N A S S E M B L Y
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:
Section 1. This act shall be known and may be cited as the "Oak
Orchard wastewater project act".
§ 2. Definitions. For the purposes of this act, the following terms
shall have the following meanings:
1. "Oak Orchard wastewater project" or "project" shall mean, in
conformity with the requirements of this act, any and all phases of
planning, development, financing, design, construction, expansion,
improvements, repairs which are undertaken in whole or in part by the
county for the wastewater treatment plant known as the "Oak Orchard
wastewater treatment plant" located at 4300 Oak Orchard Road in the Town
of Clay, Onondaga county, SBL No. 031.-01-03.0, including any other
necessary improvements or expansions to the county wastewater treatment
and collection system within five miles of the perimeter of the plant.
2. "Oak Orchard wastewater treatment plant" shall mean the parcel more
particularly described as follows:
Beginning at a point on the division line between said lands conveyed
to Joseph V. Jankowski by the first above mentioned deed on the west and
lands conveyed by Scott Sitterly and Lena E. Sitterly to Green Island
Contracting Corporation in Parcel No. 1 of feed dated April 24, 1970 and
recorded in Onondaga County Clerk's Office on April 24, 1970 in Book of
Deeds 2426 at Page 210, on the east, said point also being 400 distant
southerly, measured along the division line from its intersection with
the division line between lands conveyed to Joseph V. Jankowski in the
first above mentioned deed, on the south, and said lands conveyed to
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
tioned deed, on the north; running thence S 3°03'04" E along said divi-
sion line and its southerly prolongation, a distance of 2587.66 feet to
a point on the easterly prolongation of the southerly boundary of lands
conveyed by Effie J. Bush to Scott Sitterly and Lena E. Sitterly by deed
dated March 1, 1994 and recorded in Onondaga County Clerk's Office on
March 2, 1944, in Book of Deeds 1089 at Page 35; thence S 86°.4'06" W, a
distance of 1141.86 feet to the southeast corner of said lands conveyed
to Scott Sitterly and Lena E. Sitterly in the last mentioned deed;
thence N 4°04'05" W along the easterly boundary of said lands conveyed
to Scott Sitterly and Lena E. Sitterly, a distance of 663.82 feet to the
northeast corner thereof; thence S86°28'55" W along the northerly bound-
ary of said lands conveyed by Effie J. Bush to Scott Sitterly and Lena
E. Sitterly, a distance of about 119 feet to the centerline of "Mud
Creek"; thence northerly along the centerline of Mud Creek", as it winds
and turns, a distance of about 1965 feet to its intersection with the
southwest prolongation of the southeasterly boundary of lands conveyed
by Owen P. Honors to Charles F. Honors and Marion F. Honors by deed
dated April 8, 1972 and recorded in Onondaga County Clerk's Office on
June 30, 1972 in Book of Deeds 2478 at Page 719; thence N 41°08'58" E
along said prolongation and along the southeasterly boundary of said
lands conveyed to Charles F. Honors and Marion F. Honors, a distance of
about 595 feet to a point, said point being S 41°08'58" W, a distance of
238.94 feet as measured along the southeasterly boundary from an iron
pipe monument marking the most easterly corner of said lands conveyed to
Charles F. Honors and Marion F. Honors; thence N 86°28'55" E, parallel
to the southerly boundary of Farm Lot No. 16, a distance of 1328.39 feet
to a point of beginning. Containing 74.41 acres of land more or less.
Subject to a Flowage Easement granted by William Lepinski and Dora
Lepinske to the State of New York dated January 2, 1917 and recorded in
Onondaga County Clerk's Office on January 27, 1917 in Book of Deed 455
at Page 176.
3. "County" shall mean the county of Onondaga.
4. "Best value" shall mean the basis for awarding contracts for
services to the proposer 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;
(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 quantifiable
analysis.
5. "Design-build contract" shall mean, in conformity with the require-
ments of this act a contract for the design and construction of the Oak
A. 8121 3
Orchard wastewater project with a single entity, which may be a team
comprised of separate entities.
6. "Procurement record" shall mean documentation of the decisions made
and the approach taken in the procurement process.
7. "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 a project, and which provides that only contractors
and subcontractors who sign a pre-negotiated agreement with the labor
organization can perform project work.
§ 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 a project. The county shall
ensure that its procurement record reflects the design-build contract
process authorized by this act.
§ 4. An entity selected by the county to enter into a design-build
contract for a project shall be selected on the basis of which proposal
provides the best value to the county, as follows:
1. The county shall issue a request for proposals for a project. The
request for proposals for a project shall set forth the project's scope
of work, qualifications and experience required, minimum business terms,
technical requirements as well as 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, adherence to minimum business terms, technical
approach and other factors deemed pertinent by the county, which may
include, but shall not be limited to, the proposal's project implementa-
tion, ability to complete the work in a timely and satisfactory manner,
operation and 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. As used herein, qualifications and expe-
rience 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 includ-
ing 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 workers on public works projects and job sites as demonstrated
by the experience modification rate for each of the last three years;
the prospective proposer's ability to undertake the particular type and
complexity of work; the financial capability, responsibility and reli-
ability of the prospective proposer for such type and complexity of
work; the prospective proposer's compliance with equal employment oppor-
tunity requirements and anti-discrimination laws, and demonstrated
A. 8121 4
commitment to working with minority and women-owned businesses through
joint ventures or subcontractor relationships; whether or not the
prospective proposer or a person or entity with an interest of at least
ten per centum in the prospective proposer, 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 capability and record of past perform-
ance. To the extent consistent with applicable federal law, the county
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 busi-
nesses; and (b) small business concerns identified pursuant to subdivi-
sion (b) of section 139-g of the state finance law.
2. 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.
§ 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
sealed, where appropriate, by a professional licensed in accordance with
such articles.
§ 6. The construction, demolition, reconstruction, excavation, reha-
bilitation, repair, renovation of a 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.
§ 7. A project labor agreement shall be included in the request for
proposals for a 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.
§ 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 a project receives federal aid, shall comply
A. 8121 5
with applicable federal requirements for disadvantaged business enter-
prises.
§ 9. A project undertaken by the county pursuant to this act shall be
subject to the requirements of article 8 of the environmental conserva-
tion law, and, where applicable, the requirements of the national envi-
ronmental policy act.
§ 10. If otherwise applicable, a project undertaken by the county
pursuant to this act shall be governed by the general municipal law.
§ 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.
§ 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.
§ 13. This act shall take effect immediately and shall expire and be
deemed repealed ten years after such date, provided that if Onondaga
county has issued requests for proposals for a project prior to such
repeal, such project shall be permitted to continue under this act
notwithstanding such repeal.