BILL NUMBER: S8394
SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:
An act in relation to enacting the "county of Westchester public works
investment act"; and providing for the repeal of such provisions upon
the expiration thereof
 
PURPOSE:
The purpose of this bill is to authorize specific agencies within West-
chester County to utilize the Design-Build model of contracting for
specific authorized public works projects.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill states the billÔÇÖs title as the ÔÇ"county of
Westchester public works investment act.ÔÇ"
Section 2 outlines the definitions of terms used throughout the bill.
This section outlines the Westchester County Department of Public Works
and the Westchester County Department of Transportation as the two enti-
ties that are authorized to use design-build contracts, and outlines
four specific projects as the only projects where design-build contracts
can be used. These projects are construction projects related to the
Westchester County Labs and Research Building in Valhalla, the Westches-
ter County Department of Public Works Maintenance Facility in Valhalla,
the Westchester County Emergency Services Building in Valhalla, and the
Westchester County Public Safety Building in Hawthorne.
Section 3 states that the Westchester County Department of Public Works
and the Westchester County Department of Transportation are authorized
to use design-build contracts for the four listed projects, so long as
they also use a project labor agreement.
Section 4 outlines the two-step method that must be used to select a
contractor for a design-build contract. This section also lists two
types of contracts that the Westchester County Department of Public
Works and the Westchester County Department of Transportation are not
required to use when entering into a design-build contract.
Section 5 states that any design-build contract entered into under this
Act must include language requiring any professional services regulated
by existing Education Law be performed by a licensed professional.
Section 6 states that any construction that occurs under a design-build
contract entered into under this Act shall be considered a "public
work," as defined in Labor Law.
Section 7 states that any design-build contract entered into under this
Act must comply with all applicable objectives and goals related to
minority- and women-owned business enterprises.
Section 8 states that any project authorized to use a design-build
contract must be conducted in compliance with Article 8 of the Environ-
mental Conservation law and, where applicable, the National Environ-
mental Policy Act.
Section 9 states that this Act will preserve and protect workers' rights
and benefits, including civil service protections and collective
bargaining rights, for any public work done under a design-build
contract. Additionally, this Act will not cause the displacement or loss
of work of any worker currently employed by the Westchester County
Department of Public Works or the Westchester County Department of
Transportation, the transfer of any worker's existing duties to contract
workers, or the transfer of any worker's future duties to contract work-
ers. Under this Act, employees of the authorized entities who serve in
positions in newly created job titles as a result of any design-build
contract will be assigned to the appropriate bargaining unit. Without
limiting any contractor's obligations under a design-build contract to
issue their own certifications of substantial completion and final
completion, this Act requires employees of the authorized entities to
review and determine whether the work performed by the contractors is
acceptable and has been performed to the specifications of the design-
build contract.
Section 10 states that any proposal process or design-build contract
entered into under this Act shall not be considered to be in violation
of Section 6512 of the Education Law.
Section 11 states that the authorization to enter into a design-build
contract does not limit any rights or obligations the Westchester County
Department of Public Works or the Westchester County Department of
Transportation may have under existing contracts.
Section 12 requires the Westchester County Department of Public Works or
the Westchester County Department of Transportation to file a report
detailing the design-build contracts entered into for the authorized
projects. This report is due no later than June 30, 2026 and must be
sent to the Governor, the Speaker of the Assembly, the Temporary Presi-
dent of the Senate, the Westchester County Executive, and the Chair of
the Westchester County Board of Legislators. The two authorized entities
must submit a report every year after June 30, 2026.
Section 13 is the effective date.
 
JUSTIFICATION:
In 2019, seven New York City agencies received authorization to utilize
Design-Build project delivery (as opposed to Design-Bid-Build) through
the Public Works Investment Act (PWIA). Design-Build consolidates
projects into one point of responsibility on the basis, of which, design
and construction team can deliver the best project at the best value.
Westchester County believes this novel strategy would allow it to save
money and deliver an enhanced level of quality on forthcoming projects.
Under the current Design Bid-Build model, the Design' and 'Build' compo-
nents of a project are barred from collaboration, slowing project sched-
ules, increasing cost, and resulting in lower quality in final completed
projects.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed 3 years after such date, provided that, public works with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal.