Bill Text: NY S03035 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes the use of an alternative project delivery method, including design-build and construction management-at-risk as methods for the construction, reconstruction, alteration, repair or improvement of a state building.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S03035 Detail]
Download: New_York-2011-S03035-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3035--A A. 4735--A
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
February 7, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. CANESTRARI -- Multi-Sponsored by
-- M. of A. LATIMER -- read once and referred to the Committee on
Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, the state finance law, the transpor-
tation law, the public authorities law, the general municipal law and
the business corporation law, in relation to authorizing the use of an
alternative project delivery method, including design-build and
construction management-at-risk as methods for the construction,
reconstruction, alteration, repair or improvement of a state building
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2513 of the education law, as added by chapter 861
2 of the laws of 1953, is amended to read as follows:
3 S 2513. Contracts; advertisement for bids. The board of education
4 shall let all contracts for public work and all purchase contracts to
5 the lowest responsible bidder after advertisement for bids where so
6 required by section one hundred three of the general municipal law,
7 PROVIDED, HOWEVER THAT NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW
8 THAT REQUIRES THE BOARD OF EDUCATION TO AWARD PUBLIC WORK CONTRACTS TO
9 THE LOWEST RESPONSIBLE BIDDER AFTER ADVERTISING FOR SEALED BIDS, THE
10 BOARD OF EDUCATION SHALL HAVE THE POWER TO AWARD A CONTRACT USING AN
11 ALTERNATIVE PROJECT DELIVERY METHOD, INCLUDING THE POWER TO SOLICIT AND
12 AWARD A CONSTRUCTION MANAGEMENT-AT-RISK CONTRACT OR A DESIGN-BUILD
13 CONTRACT AS SET FORTH IN SECTION ONE HUNDRED THIRTY-FIVE-B OF THE STATE
14 FINANCE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05786-02-1
S. 3035--A 2 A. 4735--A
1 S 2. Subdivision 10 of section 2556 of the education law, as added by
2 chapter 861 of the laws of 1953, is amended to read as follows:
3 10. The board of education shall let all contracts for public work and
4 all purchase contracts to the lowest responsible bidder after advertise-
5 ment for bids where so required by section one hundred three of the
6 general municipal law, PROVIDED, HOWEVER THAT NOTWITHSTANDING ANY OTHER
7 PROVISION OF THE LAW THAT REQUIRES THE BOARD OF EDUCATION TO AWARD
8 PUBLIC WORK CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER AFTER ADVERTISING
9 FOR SEALED BIDS, THE BOARD OF EDUCATION SHALL HAVE THE POWER TO AWARD A
10 CONTRACT USING AN ALTERNATIVE PROJECT DELIVERY METHOD, INCLUDING THE
11 POWER TO SOLICIT AND AWARD A CONSTRUCTION MANAGEMENT-AT-RISK CONTRACT OR
12 A DESIGN-BUILD CONTRACT AS SET FORTH IN SECTION ONE HUNDRED
13 THIRTY-FIVE-B OF THE STATE FINANCE LAW.
14 S 3. Subdivisions 8 and 12 of section 373 of the education law, as
15 added by chapter 251 of the laws of 1962, are amended to read as
16 follows:
17 8. To design, construct, acquire, reconstruct, rehabilitate and
18 improve academic buildings, dormitories and other facilities for the
19 state university [in accordance with sections three hundred seventy-five
20 and three hundred seventy-six of this chapter] USING AN ALTERNATIVE
21 PROJECT DELIVERY METHOD, INCLUDING BUT NOT LIMITED TO CONSTRUCTION
22 MANAGEMENT-AT-RISK OR DESIGN-BUILD THAT WILL ASSIST THE FUND IN FULFILL-
23 ING ITS PURPOSES UNDER SECTION THREE HUNDRED SEVENTY-TWO OF THIS
24 ARTICLE;
25 12. To [make] PROCURE and execute contracts, lease agreements, and all
26 other instruments necessary or convenient for the exercise of its corpo-
27 rate powers and the fulfillment of its corporate purposes under this
28 article;
29 S 4. Section 6275 of the education law is amended by adding a new
30 subdivision 16 to read as follows:
31 (16) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THAT REQUIRES THE
32 FUND TO AWARD PUBLIC WORK CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER
33 AFTER ADVERTISING FOR SEALED BIDS, THE FUND SHALL HAVE THE POWER TO
34 AWARD A CONTRACT USING AN ALTERNATIVE PROJECT DELIVERY METHOD, INCLUDING
35 THE POWER TO SOLICIT AND AWARD A CONSTRUCTION MANAGEMENT-AT-RISK
36 CONTRACT OR DESIGN-BUILD CONTRACT, AS SET FORTH IN SECTION ONE HUNDRED
37 THIRTY-FIVE-B OF THE STATE FINANCE LAW.
38 S 5. Section 454 of the education law is amended by adding a new
39 subdivision 24 to read as follows:
40 24. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THAT REQUIRES THE
41 FUND TO AWARD PUBLIC WORK CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER
42 AFTER ADVERTISING FOR SEALED BIDS, THE FUND SHALL HAVE THE POWER TO
43 AWARD A CONTRACT USING AN ALTERNATIVE PROJECT DELIVERY METHOD, INCLUDING
44 THE POWER TO SOLICIT AND AWARD A CONSTRUCTION MANAGEMENT-AT-RISK
45 CONTRACT OR DESIGN-BUILD CONTRACT, AS SET FORTH IN SECTION ONE HUNDRED
46 THIRTY-FIVE-B OF THE STATE FINANCE LAW.
47 S 6. Subdivision 1 of section 7306 of the education law is amended by
48 adding a new paragraph h to read as follows:
49 H. DESIGN-BUILD SERVICES PROVIDED BY A DESIGN-BUILD FIRM WHERE AN
50 ARCHITECT WHO MEETS THE REQUIREMENTS OF SECTION SEVENTY-THREE HUNDRED
51 FOUR OF THIS ARTICLE COMPLETES ALL DESIGN ELEMENTS.
52 S 7. Section 7208 of the education law is amended by adding a new
53 subdivision q to read as follows:
54 Q. DESIGN-BUILD SERVICES PROVIDED BY A DESIGN-BUILD FIRM WHERE AN
55 ENGINEER WHO MEETS THE REQUIREMENTS OF SECTION SEVENTY-TWO HUNDRED SIX
S. 3035--A 3 A. 4735--A
1 OF THIS ARTICLE IS RESPONSIBLE FOR COMPLIANCE WITH ALL ENGINEERING
2 DESIGN REQUIREMENTS.
3 S 8. The state finance law is amended by adding a new section 135-b to
4 read as follows:
5 S 135-B. ALTERNATIVE PROJECT DELIVERY. NOTWITHSTANDING ANY OTHER
6 PROVISION OF THE LAW THAT REQUIRES A STATE AGENCY TO AWARD CONTRACTS TO
7 THE LOWEST RESPONSIBLE BIDDER AFTER ADVERTISING FOR SEALED BIDS, ANY
8 STATE AGENCY SHALL HAVE THE POWER TO AWARD A CONTRACT USING AN ALTERNA-
9 TIVE PROJECT DELIVERY METHOD, INCLUDING THE POWER TO SOLICIT AND AWARD A
10 DESIGN-BUILD CONTRACT OR A CONSTRUCTION MANAGEMENT-AT-RISK CONTRACT.
11 1. (A) ANY STATE AGENCY MAY USE THE DESIGN-BUILD METHOD FOR THE
12 CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR OR IMPROVEMENT OF A
13 STATE BUILDING. IN USING THAT METHOD AND IN ENTERING INTO A CONTRACT FOR
14 THE SERVICES OF A DESIGN-BUILD FIRM, THE STATE AGENCY AND THE
15 DESIGN-BUILD FIRM SHALL FOLLOW THE PROCEDURES PROVIDED BY THIS SECTION.
16 (B) THE STATE AGENCY SHALL SELECT OR DESIGNATE AN ENGINEER OR ARCHI-
17 TECT INDEPENDENT OF THE DESIGN-BUILD FIRM TO ACT AS ITS REPRESENTATIVE
18 FOR THE DURATION OF THE WORK ON THE FACILITY. IF THE STATE AGENCY'S
19 ARCHITECT OR ENGINEER IS NOT A FULL-TIME EMPLOYEE OF THE STATE, THE
20 GOVERNMENTAL ENTITY SHALL SELECT THE ARCHITECT OR ENGINEER ON THE BASIS
21 OF DEMONSTRATED COMPETENCE AND QUALIFICATIONS AS PROVIDED BY SECTION ONE
22 HUNDRED THIRTY-SIX-A OF THIS ARTICLE.
23 (C) THE STATE AGENCY SHALL PREPARE A REQUEST FOR QUALIFICATIONS THAT
24 INCLUDES GENERAL INFORMATION ON THE PROJECT SITE, PROJECT SCOPE, BUDGET,
25 SPECIAL SYSTEMS, SELECTION CRITERIA, AND OTHER INFORMATION THAT MAY
26 ASSIST A POTENTIAL DESIGN-BUILD FIRM IN SUBMITTING PROPOSALS FOR THE
27 PROJECT. THE STATE AGENCY SHALL ALSO PREPARE A DESIGN CRITERIA PACKAGE
28 THAT INCLUDES MORE DETAILED INFORMATION ON THE PROJECT. IF THE PREPARA-
29 TION OF THE DESIGN CRITERIA PACKAGE REQUIRES ENGINEERING OR ARCHITEC-
30 TURAL SERVICES THAT CONSTITUTE THE PRACTICE OF ENGINEERING WITHIN THE
31 MEANING OF ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW, OR THE
32 PRACTICE OF ARCHITECTURE WITHIN THE MEANING OF ARTICLE ONE HUNDRED
33 FORTY-SEVEN OF THE EDUCATION LAW, THOSE SERVICES SHALL BE PROVIDED IN
34 ACCORDANCE WITH SECTION ONE HUNDRED THIRTY-SIX-A OF THIS ARTICLE.
35 (D) THE STATE AGENCY SHALL EVALUATE STATEMENTS OF QUALIFICATIONS AND
36 SELECT A DESIGN-BUILD FIRM IN TWO PHASES. (I) IN PHASE ONE, THE STATE
37 AGENCY SHALL PREPARE A REQUEST FOR QUALIFICATIONS AND EVALUATE EACH
38 OFFERER'S EXPERIENCE, QUALIFICATIONS, PROJECT APPROACH, ORGANIZATION,
39 RECORD OF PERFORMANCE, FINANCIAL CAPACITY, DEMONSTRATED ABILITY TO
40 COMPLY WITH APPLICABLE REQUIREMENTS, STATUS AS A MINORITY AND
41 WOMEN-OWNED BUSINESS ENTERPRISE CERTIFIED UNDER ARTICLE FIFTEEN-A OF THE
42 EXECUTIVE LAW OR ITS RECORD OF UTILIZATION OF SUCH CERTIFIED ENTERPRISES
43 IN OTHER PROJECTS COMPLETED BY THE ENTITY, RECORD OF UTILIZATION OF
44 SMALL AND OTHER NEW YORK STATE BUSINESS ENTERPRISES IN OTHER PROJECTS
45 COMPLETED BY THE ENTITY, AND SUCH OTHER CRITERIA AS THE AUTHORITY DEEMS
46 APPROPRIATE, EXCEPT THAT COST-RELATED OR PRICE-RELATED EVALUATION
47 FACTORS ARE NOT PERMITTED. EACH OFFEROR MUST CERTIFY TO THE STATE AGENCY
48 THAT EACH ENGINEER OR ARCHITECT THAT IS A MEMBER OF ITS TEAM WAS
49 SELECTED BASED ON DEMONSTRATED COMPETENCE AND QUALIFICATIONS. THE STATE
50 AGENCY SHALL QUALIFY A MAXIMUM OF FIVE OFFERORS TO SUBMIT ADDITIONAL
51 INFORMATION AND, IF THE STATE AGENCY CHOOSES, TO INTERVIEW FOR FINAL
52 SELECTION.
53 (II) IN PHASE TWO, THE STATE AGENCY SHALL EVALUATE THE INFORMATION
54 SUBMITTED BY THE OFFERORS ON THE BASIS OF THE SELECTION CRITERIA STATED
55 IN THE REQUEST FOR QUALIFICATIONS AND THE RESULTS OF AN INTERVIEW. THE
56 STATE AGENCY MAY REQUEST ADDITIONAL INFORMATION REGARDING DEMONSTRATED
S. 3035--A 4 A. 4735--A
1 COMPETENCE AND QUALIFICATIONS, CONSIDERATIONS OF THE SAFETY AND
2 LONG-TERM DURABILITY OF THE PROJECT, THE FEASIBILITY OF IMPLEMENTING THE
3 PROJECT AS PROPOSED, THE ABILITY OF THE OFFEROR TO MEET SCHEDULES, COST-
4 ING METHODOLOGY, OR OTHER FACTORS AS APPROPRIATE. THE STATE AGENCY MAY
5 NOT REQUIRE OFFERORS TO SUBMIT DETAILED ENGINEERING OR ARCHITECTURAL
6 DESIGNS AS PART OF THE PROPOSAL. THE STATE AGENCY SHALL RANK EACH
7 PROPOSAL SUBMITTED ON THE BASIS OF THE CRITERIA SET FORTH IN THE REQUEST
8 FOR QUALIFICATIONS. THE STATE AGENCY SHALL SELECT THE DESIGN-BUILD FIRM
9 THAT SUBMITS THE PROPOSAL OFFERING THE BEST VALUE FOR THE STATE AGENCY
10 ON THE BASIS OF THE PUBLISHED SELECTION CRITERIA AND ON ITS RANKING
11 EVALUATIONS. THE STATE AGENCY SHALL FIRST ATTEMPT TO NEGOTIATE A
12 CONTRACT WITH THE SELECTED OFFEROR. IF THE STATE AGENCY IS UNABLE TO
13 NEGOTIATE A SATISFACTORY CONTRACT WITH THE SELECTED OFFEROR, THE STATE
14 AGENCY SHALL, FORMALLY AND IN WRITING, END NEGOTIATIONS WITH THAT OFFE-
15 ROR AND PROCEED TO NEGOTIATE WITH THE NEXT OFFEROR IN THE ORDER OF THE
16 SELECTION RANKING UNTIL A CONTRACT IS REACHED OR NEGOTIATIONS WITH ALL
17 RANKED OFFERORS END.
18 (E) FOLLOWING SELECTION OF A DESIGN-BUILD FIRM UNDER PARAGRAPH (D) OF
19 THIS SUBDIVISION, THAT DESIGN-BUILD FIRM'S ARCHITECTS OR ENGINEERS SHALL
20 COMPLETE THE DESIGN, SUBMITTING ALL DESIGN ELEMENTS FOR REVIEW AND
21 DETERMINATION OF SCOPE COMPLIANCE TO THE STATE AGENCY OR THE STATE AGEN-
22 CY'S ARCHITECT OR ENGINEER BEFORE OR CONCURRENTLY WITH CONSTRUCTION.
23 (F) AN ENGINEER SHALL HAVE RESPONSIBILITY FOR COMPLIANCE WITH THE
24 ENGINEERING DESIGN REQUIREMENTS AND ALL OTHER APPLICABLE REQUIREMENTS OF
25 ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW. AN ARCHITECT SHALL
26 HAVE RESPONSIBILITY FOR COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE ONE
27 HUNDRED FORTY-SEVEN OF THE EDUCATION LAW.
28 (G) THE STATE AGENCY SHALL PROVIDE OR CONTRACT FOR, INDEPENDENTLY OF
29 THE DESIGN-BUILD FIRM, THE INSPECTION SERVICES, THE TESTING OF
30 CONSTRUCTION MATERIALS ENGINEERING, AND THE VERIFICATION TESTING
31 SERVICES NECESSARY FOR ACCEPTANCE OF THE BUILDING BY THE STATE AGENCY.
32 THE STATE AGENCY SHALL SELECT THOSE SERVICES FOR WHICH IT CONTRACTS IN
33 ACCORDANCE WITH SECTION ONE HUNDRED THIRTY-SIX-A OF THIS ARTICLE.
34 (H) THE STATE AGENCY MAY DEVELOP WRITTEN PROCEDURES GOVERNING THE
35 SELECTION, EVALUATION, AND AWARD OF DESIGN-BUILD CONTRACTS. SUCH PROCE-
36 DURES SHALL BE CONSISTENT WITH THOSE DESCRIBED IN THIS SECTION AND MAY
37 BE REVISED FROM TIME TO TIME AS DEEMED NECESSARY.
38 (I) THIS SECTION SHALL NOT BE CONSTRUED TO SUPERSEDE SECTION TWO
39 HUNDRED TWENTY OF THE LABOR LAW REQUIRING THE PAYMENT OF PREVAILING
40 WAGES FOR PUBLIC WORKS.
41 2. (A) ANY STATE AGENCY MAY USE THE CONSTRUCTION MANAGEMENT-AT-RISK
42 METHOD FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR OR
43 IMPROVEMENT OF A STATE BUILDING. IN USING THAT METHOD AND IN ENTERING
44 INTO A CONTRACT WITH A CONSTRUCTION MANAGER-AT-RISK, THE STATE AGENCY
45 AND THE CONSTRUCTION MANAGER-AT-RISK SHALL FOLLOW THE PROCEDURES
46 PROVIDED BY THIS SECTION.
47 (B) BEFORE OR CONCURRENTLY WITH SELECTING A CONSTRUCTION
48 MANAGER-AT-RISK, THE STATE AGENCY SHALL SELECT OR DESIGNATE AN ENGINEER
49 QUALIFIED UNDER ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW OR
50 ARCHITECT QUALIFIED UNDER ARTICLE ONE HUNDRED FORTY-SEVEN OF THE EDUCA-
51 TION LAW WHO SHALL PREPARE THE CONSTRUCTION DOCUMENTS FOR THE PROJECT.
52 IF THE ENGINEER OR ARCHITECT IS NOT A FULL-TIME EMPLOYEE OF THE STATE,
53 THE STATE AGENCY SHALL SELECT THE ENGINEER OR ARCHITECT ON THE BASIS OF
54 DEMONSTRATED COMPETENCE AND QUALIFICATIONS AS PROVIDED BY SECTION ONE
55 HUNDRED THIRTY-SIX-A OF THIS ARTICLE. THE AGENCY'S ENGINEER OR ARCHITECT
56 FOR A PROJECT MAY NOT SERVE, ALONE OR IN COMBINATION WITH ANOTHER, AS
S. 3035--A 5 A. 4735--A
1 THE CONSTRUCTION MANAGER-AT-RISK. THIS SUBDIVISION DOES NOT PROHIBIT A
2 STATE AGENCY ENGINEER OR ARCHITECT FROM PROVIDING CUSTOMARY CONSTRUCTION
3 PHASE SERVICES UNDER THE ENGINEER'S OR ARCHITECT'S ORIGINAL PROFESSIONAL
4 SERVICE AGREEMENT IN ACCORDANCE WITH APPLICABLE LICENSING LAWS.
5 (C) THE STATE AGENCY SHALL PROVIDE OR CONTRACT FOR, INDEPENDENTLY OF
6 THE CONSTRUCTION MANAGER-AT-RISK, THE INSPECTION SERVICES, THE TESTING
7 OF CONSTRUCTION MATERIALS ENGINEERING, AND THE VERIFICATION TESTING
8 SERVICES NECESSARY FOR ACCEPTANCE OF THE BUILDING BY THE STATE AGENCY.
9 THE STATE AGENCY SHALL SELECT THOSE SERVICES FOR WHICH IT CONTRACTS IN
10 ACCORDANCE WITH SECTION ONE HUNDRED THIRTY-SIX-A OF THIS ARTICLE.
11 (D) THE STATE AGENCY SHALL SELECT THE CONSTRUCTION MANAGER-AT-RISK IN
12 EITHER A ONE-STEP OR TWO-STEP PROCESS. THE STATE AGENCY SHALL PREPARE A
13 REQUEST FOR PROPOSALS, IN THE CASE OF A ONE-STEP PROCESS, OR A REQUEST
14 FOR QUALIFICATIONS, IN THE CASE OF A TWO-STEP PROCESS, THAT INCLUDES
15 GENERAL INFORMATION ON THE PROJECT SITE, PROJECT SCOPE, SCHEDULE,
16 SELECTION CRITERIA, AND THE TIME AND PLACE FOR RECEIPT OF PROPOSALS OR
17 QUALIFICATIONS, AS APPLICABLE; A STATEMENT AS TO WHETHER THE SELECTION
18 PROCESS IS A ONE-STEP OR TWO-STEP PROCESS; AND OTHER INFORMATION THAT
19 MAY ASSIST THE STATE AGENCY IN ITS SELECTION OF A CONSTRUCTION MANAGER-
20 AT-RISK. THE STATE AGENCY SHALL STATE THE SELECTION CRITERIA IN THE
21 REQUEST FOR PROPOSALS OR QUALIFICATIONS, AS APPLICABLE. THE SELECTION
22 CRITERIA MAY INCLUDE THE OFFEROR'S EXPERIENCE, PAST PERFORMANCE, SAFETY
23 RECORD, PROPOSED PERSONNEL AND METHODOLOGY, AND OTHER APPROPRIATE
24 FACTORS THAT DEMONSTRATE THE CAPABILITY OF THE CONSTRUCTION MANAGER-AT-
25 RISK. IF A ONE-STEP PROCESS IS USED, THE STATE AGENCY MAY REQUEST, AS
26 PART OF THE OFFEROR'S PROPOSAL, PROPOSED FEES AND PRICES FOR FULFILLING
27 THE GENERAL CONDITIONS. IF A TWO-STEP PROCESS IS USED, THE STATE AGENCY
28 MAY NOT REQUEST FEES OR PRICES IN STEP ONE. IN STEP TWO, THE STATE AGEN-
29 CY MAY REQUEST THAT FIVE OR FEWER OFFERORS, SELECTED SOLELY ON THE BASIS
30 OF QUALIFICATIONS, PROVIDE ADDITIONAL INFORMATION, INCLUDING THE
31 CONSTRUCTION MANAGER-AT-RISK'S PROPOSED FEE AND ITS PRICE FOR FULFILLING
32 THE GENERAL CONDITIONS.
33 (E) THE STATE AGENCY SHALL PUBLISH THE REQUEST FOR QUALIFICATIONS IN A
34 MANNER PRESCRIBED BY THE STATE AGENCY.
35 (F) AT EACH STEP, THE STATE AGENCY SHALL RECEIVE, PUBLICLY OPEN, AND
36 READ ALOUD THE NAMES OF THE OFFERORS. THE STATE AGENCY OR ITS REPRESEN-
37 TATIVE SHALL EVALUATE AND RANK EACH PROPOSAL SUBMITTED IN RELATION TO
38 THE CRITERIA SET FORTH IN THE REQUEST FOR PROPOSALS.
39 (G) THE STATE AGENCY OR ITS REPRESENTATIVE SHALL SELECT THE OFFEROR
40 THAT SUBMITS THE PROPOSAL THAT OFFERS THE BEST VALUE FOR THE STATE AGEN-
41 CY BASED ON THE PUBLISHED SELECTION CRITERIA AND ON ITS RANKING EVALU-
42 ATION. THE STATE AGENCY OR ITS REPRESENTATIVE SHALL FIRST ATTEMPT TO
43 NEGOTIATE A CONTRACT WITH THE SELECTED OFFEROR. IF THE STATE AGENCY OR
44 ITS REPRESENTATIVE IS UNABLE TO NEGOTIATE A SATISFACTORY CONTRACT WITH
45 THE SELECTED OFFEROR, THE AGENCY OR ITS REPRESENTATIVE SHALL, FORMALLY
46 AND IN WRITING, END NEGOTIATIONS WITH THAT OFFEROR AND PROCEED TO NEGO-
47 TIATE WITH THE NEXT OFFEROR IN THE ORDER OF THE SELECTION RANKING UNTIL
48 A CONTRACT IS REACHED OR NEGOTIATIONS WITH ALL RANKED OFFERORS END.
49 (H) A CONSTRUCTION MANAGER-AT-RISK SHALL PUBLICLY ADVERTISE, IN THE
50 MANNER PRESCRIBED BY THE AGENCY, AND RECEIVE BIDS OR PROPOSALS FROM
51 TRADE CONTRACTORS OR SUBCONTRACTORS FOR THE PERFORMANCE OF ALL MAJOR
52 ELEMENTS OF THE WORK OTHER THAN THE MINOR WORK THAT MAY BE INCLUDED IN
53 THE GENERAL CONDITIONS. A CONSTRUCTION MANAGER-AT-RISK MAY SEEK TO
54 PERFORM PORTIONS OF THE WORK ITSELF IF THE CONSTRUCTION MANAGER-AT-RISK
55 SUBMITS ITS BID OR PROPOSAL FOR THOSE PORTIONS OF THE WORK IN THE SAME
56 MANNER AS ALL OTHER TRADE CONTRACTORS OR SUBCONTRACTORS AND IF THE AGEN-
S. 3035--A 6 A. 4735--A
1 CY DETERMINES THAT THE CONSTRUCTION MANAGER-AT-RISK'S BID OR PROPOSAL
2 PROVIDES THE BEST VALUE FOR THE STATE AGENCY.
3 (I) THE CONSTRUCTION MANAGER-AT-RISK AND THE STATE AGENCY OR ITS
4 REPRESENTATIVE SHALL REVIEW ALL TRADE CONTRACTOR OR SUBCONTRACTOR BIDS
5 OR PROPOSALS IN A MANNER THAT DOES NOT DISCLOSE THE CONTENTS OF THE BID
6 OR PROPOSAL DURING THE SELECTION PROCESS TO A PERSON NOT EMPLOYED BY THE
7 CONSTRUCTION MANAGER-AT-RISK, ENGINEER, ARCHITECT, OR STATE AGENCY. ALL
8 BIDS OR PROPOSALS SHALL BE MADE PUBLIC AFTER THE AWARD OF THE CONTRACT
9 OR WITHIN SEVEN DAYS AFTER THE DATE OF FINAL SELECTION OF BIDS AND
10 PROPOSALS, WHICHEVER IS LATER.
11 (J) IF THE CONSTRUCTION MANAGER-AT-RISK REVIEWS, EVALUATES, AND RECOM-
12 MENDS TO THE STATE AGENCY A BID OR PROPOSAL FROM A TRADE CONTRACTOR OR
13 SUBCONTRACTOR BUT THE STATE AGENCY REQUIRES ANOTHER BID OR PROPOSAL TO
14 BE ACCEPTED, THE STATE AGENCY SHALL COMPENSATE THE CONSTRUCTION MANAG-
15 ER-AT-RISK BY A CHANGE IN PRICE, TIME, OR GUARANTEED MAXIMUM COST FOR
16 ANY ADDITIONAL COST AND RISK THAT THE CONSTRUCTION MANAGER-AT-RISK MAY
17 INCUR BECAUSE OF THE STATE AGENCY'S REQUIREMENT THAT ANOTHER BID OR
18 PROPOSAL BE ACCEPTED.
19 (K) IF A SELECTED TRADE CONTRACTOR OR SUBCONTRACTOR DEFAULTS IN THE
20 PERFORMANCE OF ITS WORK OR FAILS TO EXECUTE A SUBCONTRACT AFTER BEING
21 SELECTED IN ACCORDANCE WITH THIS SECTION, THE CONSTRUCTION
22 MANAGER-AT-RISK MAY, WITHOUT ADVERTISING, ITSELF FULFILL THE CONTRACT
23 REQUIREMENTS OR SELECT A REPLACEMENT TRADE CONTRACTOR OR SUBCONTRACTOR
24 TO FULFILL THE CONTRACT REQUIREMENTS.
25 (L) IF A FIXED CONTRACT AMOUNT OR GUARANTEED MAXIMUM PRICE HAS NOT
26 BEEN DETERMINED AT THE TIME THE CONTRACT IS AWARDED, THE PENAL SUMS OF
27 THE PERFORMANCE AND PAYMENT BONDS DELIVERED TO THE STATE AGENCY MUST
28 EACH BE IN AN AMOUNT EQUAL TO THE PROJECT BUDGET, AS SET FORTH IN THE
29 REQUEST FOR QUALIFICATIONS. THE CONSTRUCTION MANAGER-AT-RISK SHALL
30 DELIVER THE BONDS NOT LATER THAN THE TENTH DAY AFTER THE DATE THE
31 CONSTRUCTION MANAGER-AT-RISK EXECUTES THE CONTRACT UNLESS THE
32 CONSTRUCTION MANAGER-AT-RISK FURNISHES A BID BOND OR OTHER FINANCIAL
33 SECURITY ACCEPTABLE TO THE STATE AGENCY TO ENSURE THAT THE CONSTRUCTION
34 MANAGER-AT-RISK WILL FURNISH THE REQUIRED PERFORMANCE AND PAYMENT BONDS
35 WHEN A GUARANTEED MAXIMUM PRICE IS ESTABLISHED.
36 (M) THIS SECTION SHALL NOT BE CONSTRUED TO SUPERSEDE SECTION TWO
37 HUNDRED TWENTY OF THE LABOR LAW REQUIRING THE PAYMENT OF PREVAILING
38 WAGES FOR PUBLIC WORKS.
39 S 9. Section 135-a of the state finance law, as added by chapter 840
40 of the laws of 1980, is amended to read as follows:
41 S 135-a. Definitions. As used in this chapter, unless otherwise indi-
42 cated, the [term "small business concern" shall mean] FOLLOWING TERMS
43 SHALL HAVE THE FOLLOWING MEANINGS:
44 1. "SMALL BUSINESS CONCERN" MEANS a business which is resident in this
45 state, independently owned and operated, not dominant in its field and
46 employs one hundred or less persons.
47 2. "ARCHITECT" MEANS AN INDIVIDUAL LICENSED AS AN ARCHITECT UNDER
48 ARTICLE ONE HUNDRED FORTY-SEVEN OF THE EDUCATION LAW.
49 3. "CONTRACTOR" IN THE CONTEXT OF A CONTRACT FOR THE CONSTRUCTION,
50 RECONSTRUCTION, ALTERATION, REPAIR OR IMPROVEMENT OF A STATE BUILDING
51 MEANS A SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, OR OTHER LEGAL
52 ENTITY THAT ASSUMES THE RISK FOR CONSTRUCTING, REHABILITATING, ALTERING,
53 OR REPAIRING ALL OR PART OF THE STATE BUILDING AT THE CONTRACTED PRICE.
54 4. "CONSTRUCTION MANAGER-AT-RISK" MEANS A SOLE PROPRIETORSHIP, PART-
55 NERSHIP, CORPORATION, OR OTHER LEGAL ENTITY THAT ASSUMES THE RISK FOR
56 CONSTRUCTION, REHABILITATION, ALTERATION, OR REPAIR OF A FACILITY AT A
S. 3035--A 7 A. 4735--A
1 GUARANTEED MAXIMUM PRICE AS A GENERAL CONTRACTOR AND PROVIDES CONSULTA-
2 TION TO THE AGENCY REGARDING CONSTRUCTION DURING AND AFTER THE DESIGN OF
3 THE FACILITY.
4 5. "DESIGN-BUILD CONTRACT" MEANS A SINGLE CONTRACT WITH A DESIGN-BUILD
5 FIRM FOR THE DESIGN AND CONSTRUCTION OF A FACILITY.
6 6. "DESIGN-BUILD FIRM" MEANS A CORPORATION ORGANIZED UNDER ARTICLE
7 FIFTEEN OF THE BUSINESS CORPORATION LAW THAT INCLUDES AN ARCHITECT OR
8 ENGINEER AND CONTRACTOR QUALIFIED TO ENGAGE IN BUILDING DESIGN AND
9 CONSTRUCTION IN NEW YORK.
10 7. "DESIGN CRITERIA PACKAGE" MEANS A SET OF DOCUMENTS THAT PROVIDES
11 SUFFICIENT INFORMATION TO PERMIT A DESIGN-BUILD FIRM TO PREPARE A
12 RESPONSE TO THE STATE AGENCY'S REQUEST FOR QUALIFICATIONS AND ANY ADDI-
13 TIONAL INFORMATION REQUESTED, INCLUDING CRITERIA FOR SELECTION. THE
14 DESIGN CRITERIA PACKAGE MUST SPECIFY CRITERIA THE STATE AGENCY CONSIDERS
15 NECESSARY TO DESCRIBE THE PROJECT AND MAY INCLUDE, AS APPROPRIATE, THE
16 LEGAL DESCRIPTION OF THE SITE, SURVEY INFORMATION CONCERNING THE SITE,
17 INTERIOR SPACE REQUIREMENTS, SPECIAL MATERIAL REQUIREMENTS, MATERIAL
18 QUALITY STANDARDS, CONCEPTUAL CRITERIA FOR THE PROJECT, SPECIAL EQUIP-
19 MENT REQUIREMENTS, COST OR BUDGET ESTIMATES, TIME SCHEDULES, QUALITY
20 ASSURANCE AND QUALITY CONTROL REQUIREMENTS, SITE DEVELOPMENT REQUIRE-
21 MENTS, APPLICABLE CODES AND ORDINANCES, PROVISIONS FOR UTILITIES, PARK-
22 ING REQUIREMENTS, OR ANY OTHER REQUIREMENT, AS APPLICABLE.
23 8. "ENGINEER" MEANS AN INDIVIDUAL LICENSED AS AN ENGINEER UNDER ARTI-
24 CLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW.
25 9. "GUARANTEED MAXIMUM PRICE" MEANS THE AGREED TOTAL DOLLAR AMOUNT
26 FOR THE CONSTRUCTION MANAGEMENT-AT-RISK SERVICES, INCLUDING THE COST OF
27 THE WORK, THE GENERAL CONDITIONS AND THE FEES CHARGED BY THE
28 CONSTRUCTION MANAGEMENT-AT-RISK FIRM.
29 10. "STATE AGENCY" MEANS ANY OFFICER, DEPARTMENT, BOARD, COMMISSION,
30 BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMENTALITY
31 OF THE STATE.
32 S 10. Subdivision 4 of section 163 of the state finance law is amended
33 by adding a new paragraph h to read as follows:
34 H. NOTHING IN THIS SECTION SHALL PROHIBIT THE USE OF AN ALTERNATIVE
35 PROJECT DELIVERY METHOD, INCLUDING CONSTRUCTION MANAGEMENT-AT-RISK OR
36 DESIGN-BUILD, AS DEFINED IN SECTION ONE HUNDRED THIRTY-FIVE-B OF THIS
37 CHAPTER, AS METHODS FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION,
38 REPAIR OR IMPROVEMENT OF A STATE BUILDING.
39 S 11. Subdivision 15 of section 14 of the transportation law, as
40 amended by chapter 1065 of the laws of 1969, is amended to read as
41 follows:
42 15. To prepare the plans, specifications, designs and estimates, and,
43 by the procedures and methods provided by the laws relating thereto,
44 NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THAT REQUIRES A STATE
45 AGENCY TO AWARD CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER AFTER ADVER-
46 TISING FOR SEALED BIDS, to construct and reconstruct USING AN ALTERNA-
47 TIVE PROJECT DELIVERY METHOD, INCLUDING CONSTRUCTION MANAGEMENT-AT-RISK
48 OR DESIGN-BUILD:
49 (a) The highways and other public ways that are now or shall hereafter
50 be under the jurisdiction of the department for such purposes, whether
51 generally or specially;
52 (b) The canals, waterways of the state and structures that are now or
53 shall hereafter be under the jurisdiction of the department for such
54 purposes;
55 (c) The bridges and grade separation structures that are now or shall
56 hereafter be under the jurisdiction of the department for such purposes;
S. 3035--A 8 A. 4735--A
1 (d) Parking facilities and appurtenances at or adjacent to transporta-
2 tion interfaces and connections to such facilities.
3 S 12. Subdivision 10 of section 354 of the public authorities law, as
4 amended by chapter 766 of the laws of 1992, is amended to read as
5 follows:
6 10. To construct, reconstruct or improve on or along the thruway
7 system in the manner herein provided, suitable facilities for gas
8 stations, restaurants, and other facilities for the public, or to lease
9 the right to construct, reconstruct or improve and operate such facili-
10 ties; such facilities shall be publicly offered for leasing for opera-
11 tion, or the right to construct, reconstruct or improve and operate such
12 facilities shall be publicly offered under rules and regulations to be
13 established by the authority, provided, however, that lessees operating
14 such facilities at the time [this act becomes] CHAPTER THREE HUNDRED
15 FORTY-ONE OF THE LAWS OF NINETEEN HUNDRED SIXTY-FIVE BECAME effective,
16 may reconstruct or improve them or may construct additional like facili-
17 ties, in the manner and upon such terms and conditions as the board
18 shall determine; and provided further, however, that such facilities
19 constructed, reconstructed or improved on or along the canal system
20 shall be consistent with the canal recreationway plan approved pursuant
21 to section one hundred thirty-eight-c of the canal law and section three
22 hundred eighty-two of this title; AND PROVIDED FURTHER THAT NOTWITH-
23 STANDING ANY OTHER PROVISION OF THE LAW THAT REQUIRES A STATE AGENCY TO
24 AWARD CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER AFTER ADVERTISING FOR
25 SEALED BIDS, THE AUTHORITY MAY USE AN ALTERNATIVE PROJECT DELIVERY METH-
26 OD, INCLUDING CONSTRUCTION MANAGEMENT-AT-RISK OR DESIGN-BUILD TO
27 CONSTRUCT, RECONSTRUCT OR IMPROVE ON OR ALONG THE THRUWAY SYSTEM IN THE
28 MANNER HEREIN PROVIDED, SUITABLE FACILITIES FOR GAS STATIONS, RESTAU-
29 RANTS, AND OTHER FACILITIES FOR THE PUBLIC;
30 S 13. Section 1680 of the public authorities law is amended by adding
31 a new subdivision 41 to read as follows:
32 41. THE AUTHORITY SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF THE
33 LAW THAT REQUIRES THE AUTHORITY TO AWARD CONTRACTS TO THE LOWEST RESPON-
34 SIBLE BIDDER AFTER ADVERTISING FOR SEALED BIDS, HAVE THE POWER TO AWARD
35 A CONTRACT USING AN ALTERNATIVE PROJECT DELIVERY METHOD, INCLUDING THE
36 POWER TO SOLICIT AND AWARD A CONSTRUCTION MANAGEMENT-AT-RISK CONTRACT OR
37 DESIGN-BUILD CONTRACT, AS SET FORTH IN SECTION ONE HUNDRED THIRTY-FIVE-B
38 OF THE STATE FINANCE LAW, FOR ANY PROJECT THAT WOULD BENEFIT FROM THE
39 UTILIZATION OF AN ALTERNATIVE PROJECT DELIVERY METHOD OF PROCUREMENT.
40 S 14. Subdivision 9 of section 1204 of the public authorities law, as
41 amended by chapter 732 of the laws of 1959, is amended to read as
42 follows:
43 9. To construct, reconstruct, improve, maintain and operate buildings,
44 structures and facilities as may be necessary or convenient and to main-
45 tain and operate, directly or enter into contracts or leases for the
46 acquisition, maintenance, and operation of areas for the parking of
47 motor vehicles in the vicinity of its transit facilities, and in its
48 discretion to fix and charge for such parking a combination fee which
49 shall include the established rate of fare for use of its transit facil-
50 ities. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THAT REQUIRES THE
51 AUTHORITY TO AWARD CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER AFTER
52 ADVERTISING FOR SEALED BIDS, THE AUTHORITY MAY USE AN ALTERNATIVE
53 PROJECT DELIVERY METHOD, INCLUDING BUT NOT LIMITED TO CONSTRUCTION
54 MANAGEMENT-AT-RISK OR DESIGN-BUILD, TO CONSTRUCT, RECONSTRUCT, IMPROVE,
55 MAINTAIN AND OPERATE BUILDINGS, STRUCTURES AND FACILITIES AS MAY BE
56 NECESSARY OR CONVENIENT AND TO MAINTAIN AND OPERATE.
S. 3035--A 9 A. 4735--A
1 S 15. Paragraph (a) of subdivision 2 of section 1265-a of the public
2 authorities law, as amended by chapter 334 of the laws of 2001, is
3 amended to read as follows:
4 (a) Except as otherwise provided in this section, all purchase
5 contracts for supplies, materials or equipment involving an estimated
6 expenditure in excess of fifteen thousand dollars and all contracts for
7 public work involving an estimated expenditure in excess of twenty-five
8 thousand dollars shall be awarded by the authority to the lowest respon-
9 sible bidder after obtaining sealed bids in the manner hereinafter set
10 forth. For purposes hereof, contracts for public work shall exclude
11 contracts for personal, engineering and architectural, or professional
12 services. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THAT REQUIRES
13 THE AUTHORITY TO AWARD PUBLIC WORK CONTRACTS TO THE LOWEST RESPONSIBLE
14 BIDDER AFTER ADVERTISING FOR SEALED BIDS, THE AUTHORITY SHALL HAVE THE
15 POWER TO AWARD A CONTRACT USING AN ALTERNATIVE PROJECT DELIVERY METHOD,
16 INCLUDING THE POWER TO SOLICIT AND AWARD A CONSTRUCTION
17 MANAGEMENT-AT-RISK CONTRACT OR DESIGN-BUILD CONTRACT, AS SET FORTH IN
18 SECTION ONE HUNDRED THIRTY-FIVE-B OF THE STATE FINANCE LAW. The authori-
19 ty may reject all bids and obtain new bids in the manner provided by
20 this section when it is deemed in the public interest to do so or, in
21 cases where two or more responsible bidders submit identical bids which
22 are the lowest bids, award the contract to any of such bidders or obtain
23 new bids from such bidders. Nothing herein shall obligate the authority
24 to seek new bids after the rejection of bids or after cancellation of an
25 invitation to bid. Nothing in this section shall prohibit the evaluation
26 of bids on the basis of costs or savings including life cycle costs of
27 the item to be purchased, discounts, and inspection services so long as
28 the invitation to bid reasonably sets forth the criteria to be used in
29 evaluating such costs or savings. Life cycle costs may include but shall
30 not be limited to costs or savings associated with installation, energy
31 use, maintenance, operation and salvage or disposal.
32 S 16. Section 559 of the public authorities law, as amended by chapter
33 6 of the laws of 1940, is amended to read as follows:
34 S 559. Construction contracts. The authority shall do all construction
35 pursuant to a contract or contracts in the manner, so far as practica-
36 ble, provided in the charter of the city for contracts of such city
37 except that where the estimated expense of a contract does not exceed
38 ten thousand dollars such contract may be entered into without public
39 letting, but failure to comply with this section shall not invalidate
40 such contracts. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THAT
41 REQUIRES THE AUTHORITY TO AWARD PUBLIC WORK CONTRACTS TO THE LOWEST
42 RESPONSIBLE BIDDER AFTER ADVERTISING FOR SEALED BIDS, THE AUTHORITY
43 SHALL HAVE THE POWER TO AWARD A CONTRACT USING AN ALTERNATIVE PROJECT
44 DELIVERY METHOD, INCLUDING THE POWER TO SOLICIT AND AWARD A CONSTRUCTION
45 MANAGEMENT-AT-RISK CONTRACT OR A DESIGN-BUILD CONTRACT, AS SET FORTH IN
46 SECTION ONE HUNDRED THIRTY-FIVE-B OF THE STATE FINANCE LAW.
47 S 17. Paragraph a of subdivision 2 of section 1734 of the public
48 authorities law, as added by chapter 738 of the laws of 1988, is amended
49 to read as follows:
50 a. Except as otherwise provided in this section, all purchase
51 contracts for supplies, materials or equipment involving an estimated
52 expenditure in excess of ten thousand dollars and all contracts for
53 public work involving an estimated expenditure in excess of fifty thou-
54 sand dollars shall be awarded by the authority to the lowest responsible
55 bidder after obtaining sealed bids in the manner hereinafter set forth.
56 For purposes hereof, contracts for public work shall exclude contracts
S. 3035--A 10 A. 4735--A
1 for personal, engineering and architectural, or professional services.
2 NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THAT REQUIRES THE AUTHOR-
3 ITY TO AWARD PUBLIC WORK CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER
4 AFTER ADVERTISING FOR SEALED BIDS, THE AUTHORITY SHALL HAVE THE POWER TO
5 AWARD A CONTRACT USING AN ALTERNATIVE PROJECT DELIVERY METHOD, INCLUDING
6 THE POWER TO SOLICIT AND AWARD A CONSTRUCTION MANAGEMENT-AT-RISK
7 CONTRACT OR A DESIGN-BUILD CONTRACT, AS SET FORTH IN SECTION ONE HUNDRED
8 THIRTY-FIVE-B OF THE STATE FINANCE LAW.
9 S 18. Section 103 of the general municipal law is amended by adding a
10 new subdivision 16 to read as follows:
11 16. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THAT REQUIRES THE
12 APPROPRIATE OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR OF
13 ANY DISTRICT THEREIN TO AWARD PUBLIC WORK CONTRACTS TO THE LOWEST
14 RESPONSIBLE BIDDER AFTER ADVERTISING FOR SEALED BIDS, THE APPROPRIATE
15 OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT
16 THEREIN SHALL HAVE THE POWER TO AWARD A CONTRACT USING AN ALTERNATIVE
17 PROJECT DELIVERY METHOD, INCLUDING THE POWER TO SOLICIT AND AWARD A
18 CONSTRUCTION MANAGEMENT-AT-RISK CONTRACT OR DESIGN-BUILD CONTRACT, AS
19 SET FORTH IN SECTION ONE HUNDRED THIRTY-FIVE-B OF THE STATE FINANCE LAW.
20 S 19. Section 1501 of the business corporation law, as added by chap-
21 ter 974 of the laws of 1970, is amended to read as follows:
22 S 1501. Definitions.
23 As used in this article, unless the context otherwise requires, the
24 term: (a) "licensing authority" means the regents of the university of
25 the state of New York or the state education department, as the case may
26 be, in the case of all professions licensed under title eight of the
27 education law, and the appropriate appellate division of the supreme
28 court in the case of the profession of law.
29 (b) "Profession" includes any practice as an attorney and counselor-
30 at-law, or as a licensed physician, and those occupations designated in
31 title eight of the education law.
32 (c) "Professional service" means any type of service to the public
33 which may be lawfully rendered by a member of a profession within the
34 purview of his profession.
35 (d) "Professional service corporation" means a corporation organized
36 under this article, INCLUDING A DESIGN-BUILD FIRM.
37 (e) "Officer" does not include the secretary or an assistant secretary
38 of a corporation having only one shareholder.
39 (F) "DESIGN-BUILD FIRM" MEANS A CORPORATION ORGANIZED UNDER THIS ARTI-
40 CLE TO ENGAGE IN THE DESIGN-BUILD METHOD AS SET FORTH IN SECTION ONE
41 HUNDRED THIRTY-FIVE-B OF THE STATE FINANCE LAW THAT INCLUDES AN ARCHI-
42 TECT OR ENGINEER AND CONTRACTOR QUALIFIED TO ENGAGE IN BUILDING DESIGN
43 AND CONSTRUCTION IN NEW YORK.
44 S 20. Paragraph (a) of section 1503 of the business corporation law,
45 as added by chapter 974 of the laws of 1970, is amended to read as
46 follows:
47 (a) Notwithstanding any other provision of law, one or more individ-
48 uals duly authorized by law to render the same professional service
49 within the state may organize, or cause to be organized, a professional
50 service corporation for pecuniary profit under this article for the
51 purpose of rendering the same professional service, except that one or
52 more individuals duly authorized by law to practice professional engi-
53 neering, architecture, landscape architecture or land surveying within
54 the state may organize, or cause to be organized, a professional service
55 corporation for pecuniary profit under this article for the purpose of
56 rendering such professional services as such individuals are authorized
S. 3035--A 11 A. 4735--A
1 to practice. ONE OR MORE INDIVIDUALS DULY AUTHORIZED BY LAW TO PRACTICE
2 PROFESSIONAL ARCHITECTURE OR ENGINEERING WITHIN THE STATE, ALONG WITH A
3 CONTRACTOR, MAY ALSO ORGANIZE, OR CAUSE TO BE ORGANIZED, A PROFESSIONAL
4 SERVICE CORPORATION FOR PECUNIARY PROFIT UNDER THIS ARTICLE FOR THE
5 PURPOSE OF ENGAGING IN THE DESIGN-BUILD METHOD AS SET FORTH IN SECTION
6 ONE HUNDRED THIRTY-FIVE-B OF THE STATE FINANCE LAW.
7 S 21. This act shall take effect on the ninetieth day after it shall
8 have become a law; provided that the amendment to subdivision 12 of
9 section 373 of the education law made by section three of this act shall
10 take effect on the same date as the reversion of such subdivision as
11 provided in section 4 of subpart A of part D of chapter 58 of the laws
12 of 2011, as amended; and further provided that the amendment to subdivi-
13 sion 4 of section 163 of the state finance law made by section ten of
14 this act shall not affect the repeal of such section and shall be deemed
15 repealed therewith.
