[Adopted 7-21-2020 by L.L. No. 5-2020[1]]
[1]
Editor's Note: This local law also repealed former Art. III,
Construction Apprenticeships, adopted 2-17-2015 by L.L. No. 2-2015.
Local Law Number 2 of 2015 established a policy to promote apprenticeship
training as authorized by § 816-b of the New York Labor
Law by establishing apprenticeship training requirements for certain
bridge construction contracts in excess of $500,000. The County of
Ulster hereby intends to revise and expand its promotion of apprenticeship
training.
As used in this article, the following terms shall have the
meanings indicated:
Any contract with a value exceeding $350,000 to which the
County of Ulster shall be a signatory and which involves the construction,
reconstruction, improvement, rehabilitation, maintenance, repair,
furnishing, equipping of or otherwise providing for any building,
facility or physical structure of any kind. Contracts or subcontracts
for security services are not a "construction contract" and shall
not be included in the aggregate value of the contract.
A contractor or subcontractor which directly employs labor
under a construction contract for which an apprenticeship program
has been approved by the New York State Commissioner of Labor in accordance
with Article 23 of the New York Labor Law.
Any contract with a value equal to or exceeding $750,000
to which the County of Ulster shall be a signatory and which involves
the construction, reconstruction, improvement, rehabilitation, maintenance,
repair, furnishing, equipping of or otherwise providing for any building,
facility or physical structure of any kind. Contracts or subcontracts
for security services are not a "construction contract" and shall
not be included in the aggregate value of the contract.
[Added 5-16-2023 by L.L. No. 5-2023]
[Amended 5-16-2023 by L.L. No. 5-2023]
A.
Contractor requirements.
(1)
The County of Ulster hereby requires any contractor, prior to entering
into a construction contract with the County of Ulster, or any subcontractor
entering into a contract with a contractor who has a construction
contract with the County of Ulster, to have apprenticeship agreements
appropriate for the type and scope of work to be performed, which
have been registered with, and approved by, the New York State Commissioner
of Labor in accordance with Article 23 of the New York State Labor
Law. Such apprenticeship program must have a graduation rate of at
least 30% as determined by the New York State Department of Labor.
(2)
The County of Ulster hereby requires any contractor, prior to entering
into a high value construction contract with the County of Ulster,
or any subcontractor entering into a contract with a contractor who
has a high value construction contract with the County of Ulster,
to have apprenticeship agreements appropriate for the type and scope
of work to be performed, which have been registered with, and approved
by, the New York State Commissioner of Labor in accordance with Article
23 of the New York State Labor Law. Such apprenticeship program must
have a graduation rate of at least 30% over the last five years as
determined by the New York State Department of Labor. In addition,
each apprenticeship program must provide documentation verifying a
minimum of three trade-specific graduates per calendar year for the
last five years.
B.
If a specific trade required for performance of a construction contract,
high value construction contract or project does not have a New York
State Department of Labor-approved apprenticeship training program
at the time of the opening bids for a construction contract, such
contract is not subject to the provisions of this article.
C.
If a single bid is received for a construction contract or high value
construction contract subject to this article from a contractor that
does not maintain an approved apprenticeship training program, the
Director of Purchasing may elect, in his/her sole discretion, to award
said contract to the single bidder rather than rebidding the construction
contract or high value construction contract.
D.
Notwithstanding anything in this article to the contrary, at his/her
discretion, the Director of Purchasing reserves the right to accept
any bid, in whole or in part, or reject all bids and readvertise in
the manner outlined by §§ 101 and 103 of the General
Municipal Law.
E.
This article shall not apply to any construction contracts or high
value construction contract utilizing federal, state, county, or other
funding assistance to the extent the terms of such funding assistance
precludes the application of this article.
F.
This article shall not apply to any construction contract or high
value construction contract where another governmental entity is also
a signatory to the contract, or to an intermunicipal agreement relating
to the contract, unless such other entity agrees to be bound by the
provisions of this article.
Local Law Number 2 of 2015 is repealed.
The Director of Purchasing is hereby authorized, empowered and
directed to promulgate such rules and regulations that are lawful,
necessary and appropriate for the implementation and enforcement of
any provisions of this article.
[Amended 5-16-2023 by L.L. No. 5-2023]
This article shall apply to construction contracts and high
value construction contracts advertised for bids on or after the effective
date.
