NY State Senate Bill 2017-S7867

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2018	referred to cities

co-Sponsors

2017-S7867 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §10-179, NYC Ad Cd

2017-S7867 (ACTIVE) - Summary

Enacts the "transformational infrastructure and revitalization project act"; defines terms; requires a two step method for any entity selected by the authorized entity to enter into a design-build contract for such project; directs the NYC police commissioner to assign police officers to NYC schools.

2017-S7867 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7867

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act in relation to enacting the "transformational
infrastructure and revitalization project act"; to amend the administra-
tive code of the city of New York, in relation to school safety meas-
ures; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the City of New York to use design-build contracts for the
Brooklyn-Queens Expressway.

 
SUMMARY OF PROVISIONS:

Section one of this bill states this act shall be known and may be cited
as the "Transformational Infrastructure and Revitalization Project Act".

Section two of this bill provides definitions for this act. These defi-
nitions include a definition for the terms "authorized entity," "best

value," and "design-build contract." Additionally, "transformational
infrastructure and revitalization project" or "project" is defined as
the Brooklyn-Queens Expressway from Atlantic Avenue to Sands Street
(BQE).

Section three of this bill provides that any contract undertaken for the
two projects that pursuant to a project labor agreement (PLA) may be a
design-build contract.

Section four of this bill provides the two-step method the authorized
entity will use to select an entity to enter a design-build contract.

Section five of this bill provides any contract entered under this act
shall include a clause that requires professional services regulated by
articles 145, 147 and 148 of the Education Law shall be performed,
stamped, and sealed by a professional licensed in accordance with such
articles.

Sections six through nine of this bill contains provisions regarding
prevailing wage, minority- and women-owned businesses, terms and condi-
tions of employment, and the National Environmental Policy Act.

Section ten of this bill provides the submission of a proposal or
responses or the execution of a design-build contract pursuant to this
act shall not be interpreted as a violation of section 6512 of the
Education Law.

Section eleven of this bill provides nothing in this act shall restrict
the authorized entity from complying with the provisions of any existing
contract.

Section twelve of this bill provides that all savings realized by New
York City from the use of a design build contract for the BQE will be
used in the execution of the MTA capital plan.

Section thirteen of this bill adds a new section 10-179 to the Adminis-
trative Code of the City of New York, which requires that a New York
City police officer be present during instructional hours, and for at
least one hour before and after instructional hours, at public and
private schools in New York City. This requirement can be waived if
there is a state of emergency, which is determined by the Mayor or the
Police Commissioner.

Section fourteen of this bill provides that this act shall take effect
immediately; provided that sections one through twelve of this act shall
expire and be deemed repealed four years after such date; provided,
however that, public works projects with requests for qualification
issued prior to such repeal shall be permitted to continue under this
act notwithstanding such repeal.

 
JUSTIFICATION:

This legislation would allow for an efficient and cost-effective reno-
vation of one project in New York City, the Brooklyn-Queens Expressway,
by utilizing design-build. When using design-build, a project will
utilize only one contract for both project design and project
construction services. Utilizing only one contract has many benefits,
including increasing contractor accountability, and minimizing project
down time by eliminating one procurement cycle and allowing the
project's design and construction phases to overlap.

This legislation also provides for additional school safety measures.
In the post-9/11 world, even schools are not safe from the threat of
attacks against the safety and security of our children. New York's
Police Department have earned the title of some of the bravest and most
dedicated public servants in the nation. Requiring an NYPD officer to be
at every school in New York City during the instructional day, as well
as before and after classes are in session, will ensure that students
are more protected in the event that a threat or the need for law
enforcement intervention arises in New York City schools.

In the 2017-8 budget, the Legislature and the Executive recognized the
value of using design-build for projects by authorizing design-build for
several projects. Unfortunately, all of the authorized projects are
located outside New York City. This bill would allow New York City to
reap the benefits of design-build for the Brooklyn-Queens Expressway
while providing funding for the MTA capital plan and protection of
students while they are in school.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that sections one
through twelve of this act shall expire and be deemed repealed four
years after such date; provided, however that, public works projects
with requests for qualification issued prior to such repeal shall be
permitted to continue under this act notwithstanding such repeal.

2017-S7867 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7867
 
                             I N  S E N A T E
 
                               March 5, 2018
                                ___________
 
 Introduced  by  Sens.  GOLDEN,  FELDER,  LANZA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Cities
 
 AN ACT in relation to enacting the "transformational infrastructure  and
   revitalization  project  act"; to amend the administrative code of the
   city of New York, in relation to school safety measures; 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 "transfor-
 mational infrastructure and revitalization project act".
   § 2. Definitions. For the purposes of this act,  the  following  terms
 shall have the following meanings:
   (a)  "Public work" shall mean the Brooklyn-Queens Expressway, Atlantic
 Avenue to Sands Street.
   (b) "Authorized entity" shall mean the New  York  city  department  of
 design and construction, and the New York city department of transporta-
 tion.
   (c)  "Best  value"  shall  mean  the  basis for awarding contracts for
 services to a proposer that  optimizes  quality,  cost  and  efficiency,
 price  and  performance  criteria, which may include, but is not limited
 to:
   (1) The quality of the proposer's performance on previous projects;
   (2) The timeliness of the proposer's performance on previous projects;
   (3) The level of customer satisfaction with the proposer's performance
 on previous projects;
   (4) The proposer's record of performing previous  projects  on  budget
 and ability to minimize cost overruns;
   (5) The proposer's ability to limit change orders;
   (6) The proposer's ability to prepare appropriate project plans;
   (7) The proposer's technical capacities;
   (8) The individual qualifications of the proposer's key personnel;
   (9) The proposer's ability to assess and manage risk and minimize risk
 impact;
   (10) The proposer's financial capability;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14840-04-8

 S. 7867                             2
 
   (11)  The  proposer's  ability to comply with applicable requirements,
 including the provisions of articles 145, 147 and 148 of  the  education
 law;
   (12)  The proposer's past record of compliance with federal, state and
 local laws, rules, licensing requirements, where applicable, and  execu-
 tive  orders, including but not limited to compliance with the labor law
 and other applicable labor and prevailing wage laws, article 15-A of the
 executive law, and any other applicable laws  concerning  minority-  and
 women-owned business enterprise participation;
   (13) The proposer's record of complying with existing labor standards,
 maintaining  harmonious  labor  relations, and protecting the health and
 safety of workers and payment of wages above any locally-defined  living
 wage; and
   (14)  A quantitative factor to be used in evaluation of bids or offers
 for awarding of contracts for bidders or offerers that are certified  as
 minority- or women-owned business enterprises as defined in subdivisions
 1, 7, 15 and 20 of section 310 of the executive law, or certified pursu-
 ant to local law as minority- or women-owned business enterprises.
   Such  basis  shall reflect, wherever possible, objective and quantifi-
 able analysis.
   (d) "Cost plus" shall mean compensating a contractor for the  cost  to
 complete a contract by reimbursing actual costs for labor, equipment and
 materials plus an additional amount for overhead and profit.
   (e)  "Design-build  contract" shall mean a contract for the design and
 construction of a public work with a single entity, which may be a  team
 comprised of separate entities.
   (f)  "Project  labor  agreement"  shall  have the meaning set forth in
 subdivision 1 of section 222 of the labor law. A project labor agreement
 shall require participation in apprentice training programs  in  accord-
 ance with paragraph (e) of subdivision 2 of such section.
   §  3.  Any contract for a public work undertaken pursuant to a project
 labor agreement in accordance with section 222 of the labor law may be a
 design-build contract in accordance with this act.
   § 4. Notwithstanding any general, special or local law, rule or  regu-
 lation  to the contrary, including but not limited to article 5-A of the
 general municipal law, and in conformity with the requirements  of  this
 act,  for  any  public work that has an estimated total cost of not less
 than ten million dollars and is undertaken pursuant to a  project  labor
 agreement in accordance with section 222 of the labor law, an authorized
 entity  charged  with  awarding  a  contract for public work may use the
 alternative delivery method referred to as design-build contracts.
   (a) A contractor selected by such authorized entity to  enter  into  a
 design-build  contract  shall  be selected through a two-step method, as
 follows:
   (1) Step one. Generation of a list of responding  entities  that  have
 demonstrated   the   general  capability  to  perform  the  design-build
 contract. Such list shall consist of a specified  number  of  responding
 entities,  as determined by an authorized entity, and shall be generated
 based upon the authorized entity's review of  responses  to  a  publicly
 advertised  request  for qualifications. The authorized entity's request
 for qualifications shall include a general  description  of  the  public
 work,  the  maximum  number of responding entities to be included on the
 list, the selection criteria to be used and the relative weight of  each
 criteria  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

 S. 7867                             3
 
 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, and such other quali-
 fications the authorized entity deems appropriate, which may include but
 are  not  limited  to  project  understanding,  financial capability and
 record of past performance. The authorized  entity  shall  evaluate  and
 rate  all  responding entities to the request for qualifications.  Based
 upon such ratings, the authorized entity shall list the responding enti-
 ties that shall receive a request for proposals in accordance with para-
 graph two of this subdivision. To the extent consistent with  applicable
 federal  law,  the  authorized  entity shall consider, when awarding any
 contract pursuant to this section, the participation of  (i)  responding
 entities  that are certified as minority- or women-owned business enter-
 prises as defined in subdivisions 1, 7, 15 and 20 of section 310 of  the
 executive  law,  or  certified  pursuant  to  local  law as minority- or
 women-owned business enterprises; and (ii) small business concerns iden-
 tified pursuant to subdivision (b) of section 139-g of the state finance
 law; and
   (2) Step two. Selection of the proposal which is the best value to the
 authorized entity.   The authorized entity shall  issue  a  request  for
 proposals to the responding entities listed pursuant to paragraph one of
 this  subdivision.  If  such  a  responding entity consists of a team of
 separate entities, the entities that comprise such a  team  must  remain
 unchanged from the responding entity as listed pursuant to paragraph one
 of  this subdivision unless otherwise approved by the authorized entity.
 The request for proposals shall set forth the  public  work's  scope  of
 work,  and  other  requirements, as determined by the authorized entity,
 which may include separate goals for  work  under  the  contract  to  be
 performed  by  businesses certified as minority- or women-owned business
 enterprises as defined in subdivisions 1, 7, 15 and 20 of section 310 of
 the executive law, or certified pursuant to local law  as  minority-  or
 women-owned  business  enterprises. The request for proposals shall also
 specify the criteria to be used to evaluate the responses and the  rela-
 tive  weight  of  each of such criteria. Such criteria shall include the
 proposal's cost, the quality of the proposal's solution, the  qualifica-
 tions and experience of the proposer, and other factors deemed pertinent
 by  the  authorized  entity, which may include, but shall not be limited
 to, the proposal's manner and schedule of  project  implementation,  the
 proposer's  ability  to  complete  the work in a timely and satisfactory
 manner, maintenance costs of the completed public work,  maintenance  of
 traffic approach, and community impact. Any contract awarded pursuant to
 this  act  shall  be  awarded  to a responsive and responsible proposer,
 which, in consideration of these and  other  specified  criteria  deemed
 pertinent,  offers the best value, as determined by the authorized enti-
 ty. The request for proposals shall include a statement  that  proposers
 shall  designate  in writing those portions of the proposal that contain
 trade secrets or other proprietary information that are to remain confi-
 dential; that the material designated as confidential shall  be  readily
 separable  from  the  proposal.  Nothing  in  this  subdivision shall be
 construed to prohibit  the  authorized  entity  from  negotiating  final
 contract  terms  and  conditions including cost. All proposals submitted
 shall be scored according to the criteria  listed  in  the  request  for
 proposals  and  such  final  scores shall be published on the authorized
 entity's website.

 S. 7867                             4

   (b) An  authorized  entity  awarding  a  design-build  contract  to  a
 contractor  offering the best value may but shall not be required to use
 the following types of contracts:
   (1)  A  cost-plus  not  to  exceed  guaranteed  maximum  price form of
 contract in which the authorized entity shall be entitled to monitor and
 audit all costs. In establishing the schedule and process for  determin-
 ing  a  guaranteed  maximum  price,  the contract between the authorized
 entity and the contractor shall:
   (i) Describe the scope of the work and the  cost  of  performing  such
 work,
   (ii) Include a detailed line item cost breakdown,
   (iii)  Include a list of all drawings, specifications and other infor-
 mation on which the guaranteed maximum price is based,
   (iv) Include the dates of substantial and final  completion  on  which
 the guaranteed maximum price is based, and
   (v) Include a schedule of unit prices; or
   (2) A lump sum contract in which the contractor agrees to accept a set
 dollar  amount  for  a  contract  which  comprises  a single bid without
 providing a cost breakdown for all costs such as for  equipment,  labor,
 materials,  as well as such contractor's profit for completing all items
 of work comprising the public work.
   § 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
 the appropriate article.
   § 6. Construction with respect to each contract  entered  into  by  an
 authorized  entity  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 such
 law and enforcement of prevailing wage requirements pursuant to applica-
 ble law or, for projects or public works receiving federal aid, applica-
 ble federal requirements for prevailing wage. Any contract entered  into
 pursuant  to  this  act  shall  include  a clause requiring the selected
 design builder to obligate every  tier  of  contractor  working  on  the
 public  work  to  comply  with the project labor agreement referenced in
 section three of this act, and shall  include  project  labor  agreement
 compliance  monitoring  and  enforcement  provisions consistent with the
 applicable project labor agreement.
   § 7. Each contract entered into by an authorized  entity  pursuant  to
 this  act  shall  comply  with  the  objectives and goals with regard to
 minority- and women-owned business enterprises pursuant to, as  applica-
 ble,  section  6-129  of the administrative code of the city of New York
 or, for projects or  public  works  receiving  federal  aid,  applicable
 federal requirements for disadvantaged business enterprises or minority-
 and women-owned business enterprises.
   §  8. Public works undertaken by an authorized entity pursuant to this
 act shall be subject to the requirements of article 8  of  the  environ-
 mental  conservation law, and, where applicable, the requirements of the
 National Environmental Policy Act.
   § 9. (a) Notwithstanding any provision of law  to  the  contrary,  all
 rights  or  benefits,  including terms and conditions of employment, and
 protection of civil service and  collective  bargaining  status  of  all
 employees  of  authorized  entities solely in connection with the public
 works identified in subdivision (a) of section two of this act, shall be
 preserved and protected.

 S. 7867                             5
 
   (b) Nothing in this act shall result in the: (1) displacement  of  any
 currently  employed  worker  or  loss  of  position  (including  partial
 displacement such as a reduction in  the  hours  of  non-overtime  work,
 wages  or  employment benefits), or result in the impairment of existing
 collective  bargaining  agreements;  and (2) transfer of existing duties
 and functions related to maintenance and operations currently  performed
 by existing employees of authorized entities to a contractor.
   (c)  Employees  of  authorized  entities  using design-build contracts
 serving in positions in newly created titles shall be  assigned  to  the
 appropriate  bargaining  unit.  Nothing  contained  in this act shall be
 construed to affect (1) the existing rights of employees of  such  enti-
 ties  pursuant  to  an existing collective bargaining agreement, (2) the
 existing representational  relationships  among  employee  organizations
 representing employees of such entities, or (3) the bargaining relation-
 ships between such entities and such employee organizations.
   §  10. 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.
   §  11.  Nothing  contained  in this act shall limit the right or obli-
 gation of any authorized entity to comply with  the  provisions  of  any
 existing contract or to award contracts as otherwise provided by law.
   § 12.  All savings realized by the city of New York through the use of
 a  design  build  contract  for the public work shall be deposited daily
 with such responsible banks, banking houses or trust companies,  as  may
 be  designated  by  the comptroller, to the credit of the comptroller in
 trust for the metropolitan transportation authority. An account  may  be
 established  in  one or more of such depositories. Such deposits will be
 kept separate and apart from all other money in the  possession  of  the
 comptroller.  The  comptroller  shall require adequate security from all
 such depositories. Funds deposited pursuant to  this  section  shall  be
 paid  on  a  quarterly basis to the metropolitan transit authority to be
 expended on costs incurred in the execution of the metropolitan  transit
 authority  capital  plan beginning on the first day of the first quarter
 immediately following the execution of a design-build contract  for  the
 Brooklyn-Queens   Expressway,  Atlantic  Avenue  to  Sands  Street.  For
 purposes of this section, the term "savings" shall  mean  the  projected
 amount  that would have been expended on the public work without the use
 of a design build contract less the amount  that  was  expended  on  the
 public work using a design build contract.
   §  13.  The  administrative code of the city of New York is amended by
 adding a new section 10-179 to read as follows:
   § 10-179 SCHOOL SAFETY MEASURES. THE POLICE COMMISSIONER OF  THE  CITY
 SHALL  ASSIGN  A POLICE OFFICER AT LEAST ONE HOUR PRIOR TO THE COMMENCE-
 MENT OF INSTRUCTIONAL HOURS AT  EVERY  SCHOOL,  PUBLIC  AND/OR  PRIVATE,
 WITHIN THE CITY OF NEW YORK. SUCH POLICE OFFICER SHALL REMAIN ON SITE AT
 SUCH  SCHOOL  DURING INSTRUCTIONAL HOURS AND FOR A MINIMUM ONE HOUR POST
 INSTRUCTIONAL HOURS UNLESS, IN THE DISCRETION OF THE MAYOR OF  THE  CITY
 OR  THE  POLICE  COMMISSIONER  OF  THE CITY, A STATE OF EMERGENCY EXISTS
 REQUIRING REDEPLOYMENT OF A POLICE OFFICER DURING THE REQUIRED HOURS SET
 FORTH IN THIS SECTION.
   § 14. This act shall take effect immediately; provided  that  sections
 one  through  twelve  of  this act shall expire and be deemed repealed 4
 years after  such  date;  provided,  however  that,  public  works  with
 requests for qualifications issued prior to such repeal shall be permit-
 ted to continue under this act notwithstanding such repeal.

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Senate Bill S7867

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

co-Sponsors

2017-S7867 (ACTIVE) - Details

2017-S7867 (ACTIVE) - Summary

2017-S7867 (ACTIVE) - Sponsor Memo

2017-S7867 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7867

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Cities Committee

co-Sponsors

Simcha Felder

Andrew J. Lanza

2017-S7867 (ACTIVE) - Details

2017-S7867 (ACTIVE) - Summary

2017-S7867 (ACTIVE) - Sponsor Memo

2017-S7867 (ACTIVE) - Bill Text download pdf

Comments