Authorizes the use of an alternative project delivery method for the construction, reconstruction, alteration, repair or improvement of a state building

Summary of provisions

Section 1. Section 2513 of the education law is amended to authorize city school districts of cities with less than 125,000 inhabitants to award a contract using an alternative project delivery method.

Section 2. Section 2556 of the education law is amended to authorize city school districts of cities with more than 125,000 inhabitants to award a contract using an alternative project delivery method.

Section 3. Subdivisions 8 and 12 of section 373 of the education law are amended to authorize the SUNY Construction fund to award a contract using an alternative project delivery method.

Section 4. Section 6275 of the education law is amended by adding a new subdivision 16 to authorize the CUNY Construction fund to award a contract using an alternative project delivery method.

Section 5. Section 454 of the education law is amended by adding a new subdivision 24 to authorize the practice of architecture and engineering in the design-build context.

Section 7. Section 7208 of the education law is amended by adding a new subdivision q to authorize the practice of architecture and engineering in the design-build context.

Section 8. The state finance law is amended by adding a new section 135-b to authorize and define the methods of design-build and construction manager-at-risk.

Section 9. Section 135-a of the state finance law is amended by adding new subdivisions 1 through 10 to define various terms.

Section 10. Subdivision 4 of section 163 of the state finance law is amended by adding a new paragraph g to provide for the authorization of alternative project delivery methods.

Section 11. Subdivision 15 of section 14 of the transportation law is amended to authorize the Department of Transportation to award a contract using an alternative project delivery method.

Section 12. Subdivision 10 of section 354 of the public authorities' law is amended to authorize the Thruway Authority to award a contract using an alternative project delivery method.

Section 13. Section 1680 of the public authorities law is amended by a new subdivision 41 to authorize the Dormitory Authority to award a contract using an alternative project delivery method.

Section 14. Subdivision 9 of section 1204 of the public authorities law is amended to authorize the New York City Transit Authority to award a contact using alternative project delivery method.

Section 15. Subdivision 2 of section 1265-a of the public authorities law is amended to authorize the Metropolitan Transit Authority to award a contract using an alternative project delivery method.

Section 16. Section 559 of the public authorities law is amended to authorize the Triborough Bridge Authority to award a contract using an alternative project delivery method.

Section 17. Subdivision 2 of section 1734 of the public authorities law is amended to authorize the New York City School construction Fund to award a contract using an alternative project delivery method.

Section 18. Section 103 of the general municipal law is amended to authorize municipal government to award a contract using an alternative project delivery method.

Section 19. Section 1501 of the business corporation law is amended to include a design-build firm within the definition of "professional service corporation" and to define the term "design-build firm"

Section 20. Subdivision a of section 1503 of the business corporation law is amended to authorize an architect, engineer and contractor to share ownership of a professional services corporation formed for the purpose of engaging in the design-build method.

Justification

This bill would permit various state agencies to utilize alternative project delivery methods, including design-build and construction management-at-risk as methods for the construction, reconstruction, alteration, repair or improvement of a state building. Alternative Project Delivery methods are a series of practices which break down the traditional owner/designer/contractor silos by integrating the talents of al professionals, using technologies and best practices to maximize efficiency, reduce waste and optimize project results to achieve a higher quality and greater sustainabililty. Using alternative project of life cycle costs and scheduling requirements. These processes represent a dramatic shift in the industry, allowing for more efficient project delivery.

Design-build is one such form of alternative project delivery in which owners contract with a single entity (the design firm) to provide both design and construction services. The design-build firm is a corporation organized under Article 15 of the Business Corporation law that includes an architect or engineer and contractor qualified to engage in building design and construction in New York. The proposed legislation would require the architect within the design-build firm to be responsible for all design elements and have the responsibility for complying with the requirements of Article 147 of the Education law. In allowing design-build contracts, it is imperative that the judgment of the design professional not be constrained for the sake of convenience or cost savings.

Construction Management-at-risk is another alternative project delivery method involving a construction manager who assumes the risk for building a project. The proposed legislation defines construction manager-at-risk as a sole proprietorship, partnership, or other legal entity that assumes the risk for construction, rehabilitation, alteration or repair of a facility at the contracted price as a general contractor provides consultation to the state agency regarding construction during and after the design of the facility. Such consultation services may include advise on the time and cost consequences of design and construction, decisions, scheduling, coordination of construction contract negotiations and awards, timely purchasing of critical materials and coordination of construction activities.

Legislative history

2009-10: S.1619 2007-08: S.5150

Fiscal implications

This bill will result in considerable savings to the State, as the use of alternative project delivery methods will maximize efficiency, reduce waste and optimize project results to achieve higher quality and greater sustainability.

Effective date

This act shall take effect the ninetieth day after it shall have become a law, with provisions.