Referred to: The Economic Development, Tourism, Housing, Planning and Transit

Committee (Chairman James Maloney and Legislators Archer, Delaune, Litts, Maio,

Rodriguez, and Woltman), and The Ways and Means Committee (Chairman

Gerentine and Legislators Archer, Bartels, Lopez, James Maloney, Joseph Maloney,

and Petit)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit

Committee, James F. Maloney, offers the following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Planning; and

WHEREAS, Ulster County Resolution No. 319 of October 11, 2001

established a County policy requiring the Purchasing Director and relevant

department head to explore the use of a Project Labor Agreement (“PLA”) for certain

construction projects; and

WHEREAS, Ulster County Resolution No. 374 of December 19, 2017

amended the prior policy under Resolution No. 319 thereby requiring the Purchasing

Director and appropriate County department head to initiate a Due Diligence Study

(“DDS”) to explore and consider using a PLA to reduce construction costs and avoid

delay claims and potential litigation for all construction projects in which the

individual project is equal to or exceeds $5,000,000 and the project requires the

services of three or more contractors for completion, and upon completion of the

DDS, the findings of said study and the recommendation of the Purchasing Director

and appropriate Department Head shall be filed with the Clerk of the Legislature; and

WHEREAS, the Ashokan Rail Trail Project- Phase 2 Construction- Capital

Project No. 459 (the “Project”), has an estimated budget that exceeds $5,000,000,

and the Project will require the services of three or more contractors for completion,

which requires the Director of Purchasing and Director of Planning to initiate a DDS

for the Project; and

WHEREAS, a DDS was initiated by the County and conducted by Seeler

Engineering, P.C., which projects that utilization of a PLA for the Project will result

in direct labor cost savings of $167,200, approximately 7.4 percent of estimated labor

costs, and will best serve Ulster County’s interest in obtaining the best work at the

lowest possible price, preventing favoritism, fraud and corruption, and gaining

measurable management flexibility and benefits and promoting other public interests

including avoidance of delays and local labor unrest; and 

WHEREAS, based on careful review and consideration of the findings and

recommendation of the DDS, the Director of Purchasing and Director of Planning

recommend that a Project Labor Agreement be made part of the Project, subject to

the review and ratification by the Ulster County Legislature; and

WHEREAS, the Ulster County Legislature has reviewed the DDS as filed

with the Clerk of the Legislature; now, therefore be it

RESOLVED, that the Ulster County Legislature hereby ratifies the

recommendation of the Director of Planning and Director of Purchasing to use a

Project Labor Agreement for the Ashokan Rail Trail Project- Phase 2 ConstructionCapital Project No. 459 based on projected labor costs savings and non-economic

benefits contributing to the success of the Project,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 17 NOES: 4

(Noes: Legislators Greene, Joseph Maloney, Petit,

and Wawro)

 (Absent: Legislators Eckert and Maio)

Passed Committee: Economic Development, Tourism, Housing, Planning, and

Transit on April 3, 2018

Passed Committee: Ways and Means on April 10, 2018

FINANCIAL IMPACT:

PROJECTED CAPITAL PROJECT SAVINGS- $167,200.00 

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 17th Day of April in the year Two Thousand and

Eighteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 18th Day of April in

the year Two Thousand and Eighteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

18th Day of April, 2018. 18th Day of April, 2018.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature