NYSSPE May 2017 – Design Build Budget Bill Update

The above video is a New York State Society of Professional Engineers (NYSSPE) legislative update on Design Build with respect to the recent budget bill. The video is presented by Anthony Fasano, P.E., NYSSPE Executive Director and NYSSPE Legislative Counsel Mark Kriss, Esq.

You can also click here for a written summary of the 2017 budget bill as enacted written by Mark Kriss, Esq.

Here is a time-stamped breakdown of the video to make it easier to find the sections of interest to you: [Read more…]

NYSSPE Design Build Legislation Update February 2017

 

The above video is a New York State Society of Professional Engineers (NYSSPE) legislative update on the current legislation that is proposing to impact Design Build regulations in New York State.  The video is presented by Anthony Fasano, P.E. NYSSPE Executive Director and NYSSPE Legislative Counsel Mark Kriss, Esq.

Here is a time-stamped breakdown of the video to make it easier to find the sections of interest to you: [Read more…]

NYSSPE Legislative Update June 2016 – Design Build NYC Legislation Update

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Anthony Fasano PE, Executive Director of New York State Society of Professional Engineers (NYSSPE) speaks with Mark Kriss, Esq., NYSSPE legislative counsel in our third June/July legislative video update on the proposed Design Build (in New York City) legislation.

It is important to note that, in general, NYSSPE is in favor of Design Build, as long as it is done in a way that there are proper safeguards in place to protect the public.  Design Build is a complex area and there are many parameters to be aware of.  You can view a comprehensive FAQ on Design Build in New York here.
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REVISED: Memorandum In Opposition to New York City Design Build Authorization Bill

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Please note the following memorandum replaces the memorandum previously published here.

MEMORANDUM IN OPPOSITION

            S8111 (Lanza) A10709 (Benedetto) New York City Design Build Authorization            

On behalf of the New York State Society of Professional Engineers (NYSSPE), in furtherance of public health, safety and welfare, we are writing in OPPOSITION to the above referenced bill. NYSSPE is a professional trade association representing the interests of its members and more generally the interests of all professional engineers (totaling more than 25,000 licensees in New York State) practicing in all disciplines (civil, structural, mechanical, electrical, geological, environmental, etc.) and practicing in all practice settings (private sector consulting, industry, government, and education.)

A 7590, in relevant part, would vest a number of New York City agencies with the authority to utilize a unique design build project delivery methodology for infrastructure public work projects. Design-build generally is a project delivery system wherein the design and construction of the project proceeds concurrently. This design-build process affords a faster construction timetable than the timetable required by the traditional design-bid-build delivery methodology. The latter entails the production of a set of plans and specifications, which are then offered for bid. (The traditional design-bid-build method construction is predicated upon detailed plans, specifications and performance criteria which clearly define the scope and components of the project before actual construction is commenced.) [Read more…]

Memorandum In Opposition to New York City Design Build Authorization Bill

Video Cover Photo with logo

Please note that this memorandum has been replaced by this updated one.

MEMORANDUM IN OPPOSITION

S5887 (Lanza) A7590 (Benedetto) New York City Design Build Authorization                                       

S 5887, in relevant part, would vest a number of New York City agencies with the authority to utilize design build without State legislative oversight.  Specifically the bill authorizes the use of design build for virtually all projects including roads, bridges, tunnels, buildings and other public improvements.

Pursuit to current law construction in both the public and private sectors must utilize a design-bid-build construction methodology.  In New York, design build has only been authorized by virtue of project specific enabling legislation, or by virtue of 2011 legislation establishing a pilot project employing a limited number of entities on a trial basis respecting highway and bridge projects.  The 2011 pilot was extended last year and a report on the use of design build is awaiting delivery to the Legislature.  [Read more…]

NYSSPE June 2015 Position Statement on Design Build Proposal

On May 19th, 2015 legislation was introduced in the Assembly which would, for the first time, vest specified New York City departments, authorities and other entities with authority to utilize design build as a project delivery system. (See A7590 Assemblyman Benedetto.)  Specifically, the bill authorizes the use of design build, by the New York City Department of Design and Construction, the New York City Department of Environmental Protection, the New York City Department of Parks and Authority and the New York City School Construction Authority.

Pursuant to current law construction undertaken by the aforementioned municipal entities must utilize a design-bid-build construction methodology.  In the absence of express quality assurance safeguards as detailed below, NYSSPE opposes A7590.

Design-build is a project delivery system whereby a single entity is contractually responsible for both the design and construction of the project.  It differs from the design-bid-build, which entails the production of a set of plans and specifications, which are offered for bid.  Proponents of traditional design-bid-build argue that the interests of the owner are better protected using the design-bid-build model which emphasizes the role of the design professional as the owner’s expert.  Supporters of design-build cite savings attributable to a faster construction timetable and the ability to provide for one-stop shopping. [Read more…]

NYS Budget Update (2015-2016) – Design Build

Of significant interest to NYSSPE and its membership is the renewal of the DESIGN BUILD pilot program first enacted in December of 2011.

S4610-A / A6721-A re-authorizes the use of design build for design and construction projects if undertaken by a number of state agencies and authorities. The legislation is virtually identical to the original pilot program, provided that the 2015 legislation calls for consultation with relevant local labor organizations and the construction industry. The 2015 legislation sunsets in April 1, 2017.

Specifically, the legislation applies to projects under the aegis of the New York State Thruway Authority, the Department of Transportation, the Office of Parks, Recreation and Historic Preservation, the Department of Environmental Conservation and the New York State Bridge Authority costing in excess of 1.2 million dollars.

The design build entity can be a single entity, such as a grandfather corporation permitted to offer and provide professional engineering services pursuant to Education Law Section 7209 (6), or may be comprised of more than one entity, such as a general contractor and a firm authorized to provide professional engineering services.

[Read more…]

NYSSPE February 2015 Position Statement on Design Build Budget Proposal

The following was written by Mark C. Kriss, Esq., The New York State Society of Professional Engineers (NYSSPE) Legislative and Legal Counsel.

Private Sector

Design Build (an alternative project delivery methodology used in lieu of Design-Bid-Build) is permitted to be employed on private sector projects in New York State, provided that the scope of design services and the amount to be paid for such services is clearly set forth in a contract executed by the project owner, the contractor and the design professional. While many, particularly in the general contractor community, maintain that the use of a three-way contract is not required and that a general contractor can contract with a design professional on project owned by a third party, the NYS Education Department unequivocally maintains that this type of an arrangement runs afoul of the State Education Law and Rules governing the design professions. A design professional should consider the potential for professional disciplinary action (e.g. fee splitting and aiding and abetting the illegal practice of engineering) before participating in a Design Build project.

Public Sector

With regard to the public sector projects in 2011 legislation was enacted on a pilot basis to permit specially named state agencies to utilize Design Build. (See position statement below for specific governmental entities authorized to use design build.) NYSSPE along with others in the design professional community, as well as the State Education Department, voiced concern regarding the failure of the 2011 legislation to expressly include quality assurance safeguards in the legislation. The original statute expired in early December 2014 (with an exemption for ongoing projects) and new legislation has been proposed by Governor Cuomo as part of his executive budget. The Society has issued, and broadly disseminated, a position statement which renews our concerns regarding the 2015 Governor’s Budget Proposal which proposes some amendments to the pilot program. A copy of the NYSSPE’s position statement is set forth below. (For additional information please consult the NYSSPE website FAQ addressing Design Build.

New York State Society of Professional Engineers

(NYSSPE) – Position Statement 2015-16 Executive Budget Proposal – [Read more…]

Design Build: A Hot Topic at the NYSSPE Fall Conference in Saratoga Springs

The NYSSPE recently held its annual Fall Conference in Saratoga Springs, New York. The conference consisted of several interesting sessions and speakers, however one topic that stood out was Design-Build in New York State.

The NYSSPE also selected its slate of officers for 2015-2016 which will be announced in early December.

Tim Conway, PE from the New York State Department of Transportation (DOT) presented a seminar entitled: The Current State of Design Build in New York State.

Conway detailed the current state of Design Build in New York State and also compared design-build to the design-bid-build process. Most of the discussion focused around the relationship and roles between designer, owner and contractor.

P-6 Tim Conway PE Design Build [Read more…]

NYSSPE March 2014 Position Statement on Design Build Budget Proposal

On Thursday, February 20, 2014, as a part of Governor Cuomo’s 30-Day Amendments to the Executive Budget, and amendment was made to Senate S6357-A, Assembly A8557-A:

In relation to the design-build method for infrastructure projects, Part B is amended to:

“Remove local entities from the design-build authorization, to specify the use of a Project Labor Agreement if a design-build capital project contract is estimated to cost over $10 million and to extend the repeal date to December 9, 2017.” [Read more…]