•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09756 Summary:

BILL NOA09756A
 
SAME ASSAME AS S08531-A
 
SPONSORJean-Pierre
 
COSPNSR
 
MLTSPNSR
 
 
Allows the use of design-build contracts with respect to certain public work contracts relating to the Wyandanch Health and Wellness Center.
Go to top    

A09756 Actions:

BILL NOA09756A
 
03/28/2022referred to governmental operations
05/20/2022amend (t) and recommit to governmental operations
05/20/2022print number 9756a
05/24/2022reported referred to ways and means
05/31/2022reported referred to rules
06/01/2022reported
06/01/2022rules report cal.566
06/01/2022substituted by s8531a
 S08531 AMEND=A GAUGHRAN
 03/09/2022REFERRED TO LOCAL GOVERNMENT
 04/25/2022REPORTED AND COMMITTED TO FINANCE
 05/03/20221ST REPORT CAL.1015
 05/04/20222ND REPORT CAL.
 05/05/2022ADVANCED TO THIRD READING
 05/23/2022AMENDED ON THIRD READING 8531A
 05/31/2022PASSED SENATE
 05/31/2022DELIVERED TO ASSEMBLY
 05/31/2022referred to ways and means
 06/01/2022substituted for a9756a
 06/01/2022ordered to third reading rules cal.566
 06/01/2022passed assembly
 06/01/2022returned to senate
Go to top

A09756 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9756A
 
SPONSOR: Jean-Pierre
  TITLE OF BILL: An act in relation to establishing the "Wyandanch Health and Wellness Center Design-Build Act"; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: To allow for the utilization of design-build for a Health and Wellness Center project in Wyandanch, New York.   SUMMARY OF PROVISIONS: Section 1: Provides that the act shall be cited as the "Wyandanch Health and Wellness Center Design-Build Act". Section 2: Contains definitions. Section 3: Requires the utilization of a project labor agreement. Section 4: Details the two step-method for selecting a contractor. Section 5: Requires that professional services be rendered by licensed professionals. Section 6: Designates the project as "public work" for purposes of the labor law. Section 7: Requires compliance with MWBE provisions. Section 8: Provides that the project is subject to SEQRA. Section 8: Requires compliance with the Environmental Conservation Law and, where applicable, National Environmental Policy Act. Section 9: Provides for preservation of collective bargaining rights. Section 10: Clarifies that utilization of this provision does not constitute a violation of the education law. Section 11: Clarifies that no other laws are superseded by this act. Section 12: Provides for an immediate effective date, and repeal after two years.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION: Technical amendments to effectuate the intent of the bill.   JUSTIFICATION: The Town of Babylon has requested this specific authority for the construction of a large scale public-private health and recreational project in the hamlet of Wyandanch- a Health and Wellness Center. This authority is necessary given the complexities and estimated project costs. Similar authority was granted to the City of New York for certain transportation projects in 2019.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: No cost to the state.   EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed two years after such date; provided, however, that, public works with requests for qualifications issued prior to such repeal shall be permitted to continue under this act notwithstanding such repeal.
Go to top

A09756 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9756--A
 
                   IN ASSEMBLY
 
                                     March 28, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Governmental Operations  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT in relation to establishing the "Wyandanch  Health  and  Wellness
          Center  Design-Build  Act";  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 "Wyandanch
     2  Health and Wellness Center Design-Build Act".
     3    § 2. For the purposes of this act:
     4    (a) "Authorized entity" shall mean the Town of Babylon and the Town of
     5  Babylon L.D. Corp. II.
     6    (b) "Authorized project" shall mean, in conformity with  the  require-
     7  ments  of  this  act, any installation, construction, demolition, recon-
     8  struction,  excavation,  rehabilitation,  repair,  and   renovation   in
     9  connection  with  a health and recreational facility known as the "Wyan-
    10  danch Health and Wellness Center" located in the hamlet of Wyandanch  in
    11  the town of Babylon at 20 Station Drive.
    12    (c)  "Best  value"  shall  mean  the  basis for awarding contracts for
    13  services to the bidder that  optimizes  quality,  cost  and  efficiency,
    14  price  and  performance  criteria, which may include, but is not limited
    15  to:
    16    (1) The quality of the contractor's performance on previous projects;
    17    (2)  The  timeliness  of  the  contractor's  performance  on  previous
    18  projects;
    19    (3)  The level of customer satisfaction with the contractor's perform-
    20  ance on previous projects;
    21    (4) The contractor's record of performing previous projects on  budget
    22  and ability to minimize cost overruns;
    23    (5) The contractor's ability to limit change orders;
    24    (6) The contractor's ability to prepare appropriate project plans;
    25    (7) The contractor's technical capacities;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14810-04-2

        A. 9756--A                          2
 
     1    (8) The individual qualifications of the contractor's key personnel;
     2    (9)  The  contractor's  ability to assess and manage risk and minimize
     3  risk impact;
     4    (10) The contractor's financial capability;
     5    (11) The contractor's ability to comply with applicable  requirements,
     6  including  the  provisions of articles 145, 147 and 148 of the education
     7  law;
     8    (12) The contractor's past record of compliance  with  federal,  state
     9  and  local  laws,  rules,  licensing requirements, where applicable, and
    10  executive orders, including but not limited to compliance with the labor
    11  law and other applicable labor and prevailing wage laws, article 15-A of
    12  the executive law, and any other applicable  laws  concerning  minority-
    13  and women-owned business enterprise participation;
    14    (13)  The  contractor's record of complying with existing labor stand-
    15  ards, maintaining harmonious labor relations, and protecting the  health
    16  and  safety  of  workers  and payment of wages above any locally-defined
    17  living wage; and
    18    (14) A quantitative factor to be used in evaluation of bids or  offers
    19  for  awarding of contracts for bidders or offerers that are certified as
    20  minority- or women-owned business enterprises pursuant to  article  15-A
    21  of  the  executive law, and certified pursuant to local law as minority-
    22  or women-owned business enterprises. Where the authorized entity identi-
    23  fies a quantitative factor pursuant to this  paragraph,  the  authorized
    24  entity  must  specify  that  businesses certified as minority- or women-
    25  owned business enterprises pursuant to article 15-A of the executive law
    26  as well as those certified as minority- or women-owned  business  enter-
    27  prises  are  eligible  to qualify for such factor. Nothing in this para-
    28  graph shall be construed  as  a  requirement  that  such  businesses  be
    29  concurrently  certified as minority- or women-owned business enterprises
    30  under article 15-A of the executive law to qualify for such quantitative
    31  factors.  Such basis shall reflect,  wherever  possible,  objective  and
    32  quantifiable analysis.
    33    (d)  "Cost  plus" shall mean compensating a contractor for the cost to
    34  complete a contract by reimbursing actual costs for labor, equipment and
    35  materials plus an additional amount for overhead and profit.
    36    (e) "Design-build contract" shall mean a contract for the  design  and
    37  construction  of  the authorized project with a single entity, which may
    38  be a team comprised of separate entities.
    39    (f) "Project labor agreement" shall have the meaning as  described  in
    40  subdivision 1 of section 222 of the labor law. A project labor agreement
    41  shall  require  participation in apprentice training programs in accord-
    42  ance with paragraph (e) of subdivision 2 of such section.
    43    § 3. Notwithstanding any general, special or local law, rule or  regu-
    44  lation  to the contrary, including but not limited to article 5-A of the
    45  general municipal law, in conformity with the requirements of this  act,
    46  and  only when a project labor agreement is performed in accordance with
    47  section 222 of the labor law, an authorized entity may use the  alterna-
    48  tive  delivery  method  referred  to  as a design-build contract for the
    49  authorized project in accordance with this act.
    50    § 4. (a) A contractor selected by the authorized entity to enter  into
    51  a  design-build contract shall be selected through a two-step method, as
    52  follows:
    53    (1) Step one. Generation of a list of responding  entities  that  have
    54  demonstrated   the   general  capability  to  perform  the  design-build
    55  contract. Such list shall consist of a specified  number  of  responding
    56  entities,  as determined by an authorized entity, and shall be generated

        A. 9756--A                          3
 
     1  based upon the authorized entity's review of  responses  to  a  publicly
     2  advertised  request for qualifications.  The authorized entity's request
     3  for qualifications shall include a general  description  of  the  public
     4  work,  the  maximum  number of responding entities to be included on the
     5  list, the selection criteria to be used and the relative weight of  each
     6  criteria  in  generating the list. Such selection criteria shall include
     7  the qualifications and experience of the design and  construction  team,
     8  organization,  demonstrated  responsibility, ability of the team or of a
     9  member or members of the team to comply  with  applicable  requirements,
    10  including  the provisions of articles 145, 147, and 148 of the education
    11  law, past record of compliance with the labor law, and such other quali-
    12  fications the authorized entity deems appropriate, which may include but
    13  are not limited  to  project  understanding,  financial  capability  and
    14  record  of  past  performance.  The authorized entity shall evaluate and
    15  rate all responding entities to the request  for  qualifications.  Based
    16  upon such ratings, the authorized entity shall list the responding enti-
    17  ties that shall receive a request for proposals in accordance with para-
    18  graph two of this subdivision.  To the extent consistent with applicable
    19  federal  law,  the  authorized  entity shall consider, when awarding any
    20  contract pursuant to this section, the participation of: (i)  responding
    21  entities  that are certified as minority- or women-owned business enter-
    22  prises pursuant to article 15-A  of  the  executive  law,  or  certified
    23  pursuant  to local law as minority- or women-owned business enterprises;
    24  and (ii) small business concerns identified pursuant to subdivision  (b)
    25  of section 139-g of the state finance law.
    26    (2) Step two. Selection of the proposal which is the best value to the
    27  authorized  entity.  The  authorized  entity  shall  issue a request for
    28  proposals to the responding entities listed pursuant to paragraph one of
    29  this subdivision. If such a responding entity  consists  of  a  team  of
    30  separate  entities,  the  entities that comprise such a team must remain
    31  unchanged from the responding entity as listed pursuant to paragraph one
    32  of this subdivision unless otherwise approved by the authorized  entity.
    33  The  request  for  proposals  shall set forth the public work's scope of
    34  work, and other requirements, as determined by  the  authorized  entity,
    35  which  may  include  separate  goals  for  work under the contract to be
    36  performed by businesses certified as minority- or  women-owned  business
    37  enterprises  pursuant to article 15-A of the executive law, or certified
    38  pursuant to local law as minority- or women-owned business  enterprises.
    39  The  request for proposals shall also specify the criteria to be used to
    40  evaluate the responses and the relative weight of each of such criteria.
    41  Such criteria shall include the proposal's  cost,  the  quality  of  the
    42  proposal's  solution, the qualifications and experience of the proposer,
    43  and other factors deemed pertinent by the authorized entity,  which  may
    44  include, but shall not be limited to, the proposal's manner and schedule
    45  of project implementation, the contractor's ability to complete the work
    46  in  a timely and satisfactory manner, maintenance costs of the completed
    47  public work, maintenance of traffic approach, and community impact.  Any
    48  contract  awarded  pursuant to this act shall be awarded to a responsive
    49  and responsible proposer, which, in consideration  of  these  and  other
    50  specified  criteria  deemed  pertinent, offers the best value, as deter-
    51  mined by the authorized entity. The request for proposals shall  include
    52  a  statement that proposers shall designate in writing those portions of
    53  the proposal that contain trade secrets or other proprietary information
    54  that are to remain confidential; that the material designated as  confi-
    55  dential  shall  be  readily separable from the proposal. Nothing in this
    56  subdivision shall be construed to prohibit the  authorized  entity  from

        A. 9756--A                          4
 
     1  negotiating  final  contract  terms  and  conditions including cost. All
     2  proposals submitted shall be scored according to the criteria listed  in
     3  the  request  for  proposals and such final scores shall be published on
     4  the authorized entity's website.
     5    (b)  An  authorized  entity  awarding  a  design-build  contract  to a
     6  contractor offering the best value may but shall not be required to  use
     7  the following types of contracts:
     8    (1)  A  cost-plus  not  to  exceed  guaranteed  maximum  price form of
     9  contract in which the authorized entity shall be entitled to monitor and
    10  audit all costs. In establishing the schedule and process for  determin-
    11  ing  a  guaranteed  maximum  price,  the contract between the authorized
    12  entity and the contractor shall:
    13    (i) Describe the scope of the work and the  cost  of  performing  such
    14  work,
    15    (ii) Include a detailed line item cost breakdown,
    16    (iii)  Include a list of all drawings, specifications and other infor-
    17  mation on which the guaranteed maximum price is based,
    18    (iv) Include the dates of substantial and final  completion  on  which
    19  the guaranteed maximum price is based, and
    20    (v) Include a schedule of unit prices; or
    21    (2) A lump sum contract in which the contractor agrees to accept a set
    22  dollar  amount  for  a  contract  which  comprises  a single bid without
    23  providing a cost breakdown for all costs such as for  equipment,  labor,
    24  materials,  as well as such contractor's profit for completing all items
    25  of work comprising the public work.
    26    § 5. Any contract entered into pursuant to this act  shall  include  a
    27  clause  requiring  that  any professional services regulated by articles
    28  145, 147 and 148 of the education law shall be performed and stamped and
    29  sealed, where appropriate, by a professional licensed in accordance with
    30  the appropriate articles.
    31    § 6. Construction with respect to any  contract  entered  into  by  an
    32  authorized  entity  pursuant to this act shall be deemed a "public work"
    33  to be performed in accordance with the provisions of article  8  of  the
    34  labor  law, as well as subject to sections 200, 240, 241 and 242 of such
    35  law and enforcement of prevailing wage requirements pursuant to applica-
    36  ble law or, for projects or public works receiving federal aid, applica-
    37  ble federal requirements for prevailing wage. Any contract entered  into
    38  pursuant  to  this  act  shall  include  a clause requiring the selected
    39  contractor to obligate every tier of contractor working  on  the  public
    40  work  to  comply  with the project labor agreement referenced in section
    41  four of this act, and shall include project labor  agreement  compliance
    42  monitoring  and  enforcement  provisions  consistent with the applicable
    43  project labor agreement.
    44    § 7. Any contract entered into by an  authorized  entity  pursuant  to
    45  this  act  shall  comply  with  the  objectives and goals with regard to
    46  minority- and women-owned business  enterprises  and,  for  projects  or
    47  public  works receiving federal aid, applicable federal requirements for
    48  disadvantaged business enterprises or minority- and women-owned business
    49  enterprises.
    50    § 8. Any authorized project undertaken by an authorized entity  pursu-
    51  ant to this act shall be subject to the requirements of article 8 of the
    52  environmental  conservation law, and, where applicable, the requirements
    53  of the national environmental policy act.
    54    § 9. (a) Notwithstanding any provision of law  to  the  contrary,  all
    55  rights  or  benefits,  including terms and conditions of employment, and
    56  protection of civil service and  collective  bargaining  status  of  all

        A. 9756--A                          5
 
     1  employees  of  authorized  entities solely in connection with the public
     2  works identified in subdivision (f) of section two of this act, shall be
     3  preserved and protected.
     4    (b)  Nothing  in this act shall result in the: (1) displacement of any
     5  currently  employed  worker  or  loss  of  position  (including  partial
     6  displacement  such  as  a  reduction  in the hours of non-overtime work,
     7  wages or employment benefits), or result in the impairment  of  existing
     8  collective  bargaining  agreements;  and (2) transfer of existing duties
     9  and functions related to maintenance and operations currently  performed
    10  by existing employees of authorized entities to a contractor.
    11    (c)  Employees  of  authorized  entities  using design-build contracts
    12  serving in positions in newly created titles shall be  assigned  to  the
    13  appropriate  bargaining  unit.  Nothing  contained  in this act shall be
    14  construed to affect: (1) the existing rights of employees of such  enti-
    15  ties  pursuant  to  an existing collective bargaining agreement, (2) the
    16  existing representational  relationships  among  employee  organizations
    17  representing employees of such entities, or (3) the bargaining relation-
    18  ships between such entities and such employee organizations.
    19    §  10. The submission of a proposal or responses or the execution of a
    20  design-build contract pursuant to this act shall not be construed to  be
    21  a violation of section 6512 of the education law.
    22    §  11.  Nothing  contained  in this act shall limit the right or obli-
    23  gation of any authorized entity to comply with  the  provisions  of  any
    24  existing contract or to award contracts as otherwise provided by law.
    25    §  12.  This act shall take effect immediately and shall expire and be
    26  deemed repealed two years after  such  date;  provided,  however,  that,
    27  public  works  with  requests  for  qualifications  issued prior to such
    28  repeal shall be permitted to continue  under  this  act  notwithstanding
    29  such repeal.
Go to top