S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5548
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2017
                                ___________
 
 Introduced  by  Sens.  GOLDEN, LANZA, SQUADRON -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 AN  ACT in relation to enacting the "transformational infrastructure and
   revitalization project act"; and providing  for  the  repeal  of  such
   provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "transfor-
 mational infrastructure and revitalization project act".
   §  2.  Definitions.  For the purposes of this act, the following terms
 shall have the following meanings:
   1. "Transformational infrastructure  and  revitalization  project"  or
 "project" shall mean the Brooklyn-Queens Expressway.
   2.  "Authorized  entity"  shall  mean  the New York city department of
 transportation.
   3. "Best value" shall  mean  the  basis  for  awarding  contracts  for
 services to the bidder that optimize quality, cost and efficiency, price
 and performance criteria, which may include, but is not limited to:
   (a) The quality of the contractor's performance on previous projects;
   (b)  The  timeliness  of  the  contractor's  performance  on  previous
 projects;
   (c) The level of customer satisfaction with the contractor's  perform-
 ance on previous projects;
   (d)  The contractor's record of performing previous projects on budget
 and ability to minimize cost overruns;
   (e) The contractor's ability to limit change orders;
   (f) The contractor's ability to prepare appropriate project plans;
   (g) The contractor's technical capacities;
   (h) The individual qualifications of the contractor's key personnel;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10916-01-7
              

 S. 5548                             2

   (i) The contractor's ability to assess and manage  risk  and  minimize
 risk impact; and
   (j)  The  contractor's  past record of encouraging women and minority-
 owned business enterprise participation and compliance with article 15-A
 of the executive law.
   Such basis shall reflect, wherever possible, objective  and  quantifi-
 able analysis.
   4. "Design-build contract" shall mean, in conformity with the require-
 ments  of  this  act,  a contract for the design and construction of the
 project with a single entity, which may be a team comprised of  separate
 entities.
   5. "Procurement record" shall mean documentation of the decisions made
 and the approach taken in the procurement process.
   6. "Project labor agreement" shall mean a pre-hire collective bargain-
 ing  agreement  between  a  contractor  and  a  bona  fide  building and
 construction trade labor organization establishing the  labor  organiza-
 tion  as  the  collective  bargaining representative for all persons who
 will perform work on the project, and which provides that only  contrac-
 tors  and  subcontractors  who  sign a pre-negotiated agreement with the
 labor organization can perform project work.
   § 3. Notwithstanding section 103  of  the  general  municipal  law  or
 section  135 of the state finance law or the provisions of any other law
 to the contrary, in conformity with the requirements of  this  act,  and
 only  when a project labor agreement is performed, the authorized entity
 may utilize the alternative delivery method referred  to  as  a  design-
 build  contract for the project. The authorized entity shall ensure that
 its  procurement  record  reflects  the  design-build  contract  process
 authorized by this act if utilized and applicable.
   §  4.  An  entity  selected  by  the authorized entity to enter into a
 design-build contract for the project shall be selected through  a  two-
 step method, as follows:
   1.  Step  one. Generation of a list of entities that have demonstrated
 the general capability  to  perform  a  design-build  contract  for  the
 project.   Such list shall consist of a specified number of entities, as
 determined by the authorized entity, and shall be generated  based  upon
 the  authorized  entity's  review  of responses to a publicly advertised
 request for qualifications for  the  project.  The  authorized  entity's
 request  for  qualifications  for  the  project  shall include a general
 description of the  project,  the  maximum  number  of  entities  to  be
 included  on the list, and the selection criteria to be used in generat-
 ing the list. Such selection criteria shall include  the  qualifications
 and experience of the design and construction team, organization, demon-
 strated responsibility, ability of the team or of a member or members of
 the   team   to  comply  with  applicable  requirements,  including  the
 provisions of articles 145, 147 and  148  of  the  education  law,  past
 record  of  compliance  with  the  labor  law  including prevailing wage
 requirements under state and federal law; the past record of  compliance
 with   existing   labor   standards  and  maintaining  harmonious  labor
 relations; the record of protecting the health and safety of workers  on
 public  works  projects  and job sites as demonstrated by the experience
 modification rate for each of the  last  three  years;  the  prospective
 bidder's  ability  to  undertake  the  particular type and complexity of
 work; the financial capability, responsibility and  reliability  of  the
 prospective bidder for such type and complexity of work; the prospective
 bidder's  compliance  with equal employment opportunity requirements and
 anti-discrimination laws, and demonstrated commitment  to  working  with

 S. 5548                             3
 
 minority  and  women-owned  businesses through joint ventures or subcon-
 tractor relationships; whether or not the prospective bidder or a person
 or entity with an interest of at least ten per centum in the prospective
 bidder,  is  debarred  for  having  disregarded obligations to employees
 under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R.  5.12
 and  such  other  qualifications the authorized entity deems appropriate
 which may include but are not limited to project  understanding,  finan-
 cial  capability  and  record of past performance. The authorized entity
 shall evaluate and rate all entities responding to the request for qual-
 ifications. Based upon such ratings, the authorized  entity  shall  list
 the  entities  that  shall receive a request for proposals in accordance
 with subdivision 2 of this section. To the extent consistent with appli-
 cable federal law, the authorized entity shall consider,  when  awarding
 any  contract  pursuant to this section, the participation of: (a) firms
 certified pursuant to article 15-A of the executive law as  minority  or
 women-owned businesses and the ability of other businesses under consid-
 eration  to  work  with  minority  and  women-owned  businesses so as to
 promote and assist participation by such businesses; and (b) small busi-
 ness concerns identified pursuant to subdivision (b) of section 139-g of
 the state finance law.
   2. Step two. Selection of the proposal which is the best value to  the
 authorized  entity.  The  authorized  entity  shall  issue a request for
 proposals for the project to the entities listed pursuant to subdivision
 1 of this section. If such an entity consists  of  a  team  of  separate
 entities,  the  entities that comprise such a team must remain unchanged
 from the entity as listed pursuant to  subdivision  1  of  this  section
 unless  otherwise  approved  by  the  authorized entity. The request for
 proposals for the project shall set forth the project's scope  of  work,
 and  other  requirements, as determined by the authorized entity includ-
 ing, but not limited to, requiring either (a) a lump sum price or (b)  a
 fee  for  any preliminary professional services together with a specific
 methodology for determining a cost-plus not to exceed guaranteed maximum
 price for the balance of work that will be  completed  pursuant  to  the
 design-build  contract  following  the  completion  of  any  preliminary
 professional services related to the project as long as any construction
 work on the project is awarded by the contractor on a competitive  basis
 which  is  approved  by the authorized entity. The request for proposals
 shall specify the criteria to be used to evaluate the responses and  the
 relative  weight  of each such criteria. Such criteria shall include the
 proposal's cost, the quality of the proposal's solution, the  qualifica-
 tions  and  experience  of  the  design-build  entity, and other factors
 deemed pertinent by the authorized entity, which may include, but  shall
 not  be  limited  to,  the proposal's project implementation, ability to
 complete the work in a timely and satisfactory manner, maintenance costs
 of the completed project, maintenance of traffic approach, and community
 impact. Any contract awarded pursuant to this act shall be awarded to  a
 responsive  and  responsible entity that submits the proposal, which, in
 consideration of these and other specified criteria deemed pertinent  to
 the  project,  offers the best value to the authorized entity, as deter-
 mined by the authorized entity. Nothing in this act shall  be  construed
 to  prohibit the authorized entity from negotiating final contract terms
 and conditions including cost.
   3. The design-build contract may be awarded to the contractor offering
 the best value:
   (a) Utilizing a cost-plus not to exceed guaranteed maximum price  form
 of  contract in which the authorized entity shall be entitled to monitor

 S. 5548                             4
 
 and audit all project costs. In establishing the  schedule  and  process
 for  determining  a  guaranteed  maximum price, the contract between the
 authorized entity and the contractor shall:
   (i)  describe  the  scope  of the work and the cost of performing such
 work;
   (ii) include a detailed line item cost breakdown;
   (iii) include a list of all drawings, specifications and other  infor-
 mation on which the guaranteed maximum price is based;
   (iv)  include  the dates for substantial and final completion on which
 the guaranteed maximum price is based; and
   (v) include a schedule of unit prices;
   (b) Utilizing a lump sum contract in which the  contractor  agrees  to
 accept  a  set dollar amount for a contract which comprises a single bid
 without providing a cost breakdown for all costs such as for  equipment,
 labor, materials, as well as such contractor's profit for completing all
 items of work comprising the project; or
   (c)  The design-build contract may include both lump sum and cost-plus
 not to exceed guaranteed maximum price, and also may provide for profes-
 sional services on a fee-for-service basis.
   4. Notwithstanding the foregoing provisions of this section, an entity
 selected by the authorized entity to enter into a design-build  contract
 for  this project shall determine, before awarding any contracts author-
 ized by this act, whether the bidder, or a  person  or  entity  with  an
 interest  of  at  least ten per centum in the bidder, is included in the
 published list of debarred contractors pursuant to 40 U.S.C. 3144 and 29
 C.F.R. 5.12, for having disregarded obligations to employees  under  the
 Davis-Bacon  Act,  and the bidder's inclusion on such list must be taken
 into consideration  in  deciding  whether  the  bidder  is  awarded  any
 contract.
   §  5.  Any  contract entered into pursuant to this act shall include a
 clause requiring that any professional services  regulated  by  articles
 145, 147 and 148 of the education law shall be performed and stamped and
 sealed, where appropriate, by a professional licensed in accordance with
 such articles.
   §  6.  The construction, demolition, reconstruction, excavation, reha-
 bilitation, repair, renovation of the project undertaken by the  author-
 ized  entity  pursuant to this act shall be deemed a "public work" to be
 performed in accordance with the provisions of article 8  of  the  labor
 law,  as  well as subject to sections 200, 240, 241 and 242 of the labor
 law and enforcement of prevailing wage  requirements  by  the  New  York
 state department of labor.
   §  7.  A project labor agreement shall be included as a requirement in
 the request for proposals for the project, provided that, based  upon  a
 study done by or for the authorized entity, the authorized entity deter-
 mines  that  its  interests  are  best  met by requiring a project labor
 agreement.  The authorized entity shall conduct such  a  study  and  the
 project   labor   agreement  shall  be  performed  consistent  with  the
 provisions of section 222 of the labor law. If a project labor agreement
 is performed on the project the authorized entity may utilize a  design-
 build  contract for the project and section 135 of the state finance law
 shall not apply to the project. If a  project  labor  agreement  is  not
 performed  on  the  project  the  authorized  entity shall not utilize a
 design-build contract for the project and sections 101 and  103  of  the
 general  municipal  law  and  section 135 of the state finance law shall
 apply to the project.

 S. 5548                             5
 
   § 8. Each contract entered into by the authorized entity  pursuant  to
 this act shall comply, whenever practical, with the objectives and goals
 of  minority  and  women-owned  business enterprises pursuant to article
 15-A of the executive law or, if the project receives federal aid, shall
 comply  with  applicable federal requirements for disadvantaged business
 enterprises.
   § 9. The project undertaken by the authorized entity pursuant to  this
 act  shall  be  subject to the requirements of article 8 of the environ-
 mental conservation law, and, where applicable, the requirements of  the
 national environmental policy act.
   §  10. The submission of a proposal or responses or the execution of a
 design-build contract pursuant to this act shall not be construed to  be
 a violation of section 6512 of the education law.
   §  11.  Nothing  contained  in this act shall limit the right or obli-
 gation of the authorized entity to comply with  the  provisions  of  any
 existing contract, including any existing contract with or for the bene-
 fit  of  the  holders of the obligations of the authorized entity, or to
 award contracts as otherwise provided by law.
   § 12. This act shall take effect immediately and shall expire  and  be
 deemed  repealed  three  years  after such date, provided that, projects
 with requests for qualifications issued prior to such  repeal  shall  be
 permitted to continue under this act notwithstanding such repeal.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5548--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2017
                                ___________
 
 Introduced  by Sens. GOLDEN, LANZA, SQUADRON, HAMILTON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT in relation to enacting the "transformational infrastructure and
   revitalization project act"; and providing  for  the  repeal  of  such
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "transfor-
 mational infrastructure and revitalization project act".
   §  2.  Definitions.  For the purposes of this act, the following terms
 shall have the following meanings:
   (a) "Public work" shall mean the Brooklyn-Queens Expressway,  Atlantic
 Avenue to Sands Street or Rodman's Neck firearms and training facility.
   (b)  "Authorized  entity"  shall  mean the New York city department of
 design and construction, and the New York city department of transporta-
 tion.
   (c) "Best value" shall mean  the  basis  for  awarding  contracts  for
 services  to  a  proposer  that  optimizes quality, cost and efficiency,
 price and performance criteria, which may include, but  is  not  limited
 to:
   (1) The quality of the proposer's performance on previous projects;
   (2) The timeliness of the proposer's performance on previous projects;
   (3) The level of customer satisfaction with the proposer's performance
 on previous projects;
   (4)  The  proposer's  record of performing previous projects on budget
 and ability to minimize cost overruns;
   (5) The proposer's ability to limit change orders;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10916-04-7

 S. 5548--B                          2
 
   (6) The proposer's ability to prepare appropriate project plans;
   (7) The proposer's technical capacities;
   (8) The individual qualifications of the proposer's key personnel;
   (9) The proposer's ability to assess and manage risk and minimize risk
 impact;
   (10) The proposer's financial capability;
   (11)  The  proposer's  ability to comply with applicable requirements,
 including the provisions of articles 145, 147 and 148 of  the  education
 law;
   (12)  The proposer's past record of compliance with federal, state and
 local laws, rules, licensing requirements, where applicable, and  execu-
 tive  orders, including but not limited to compliance with the labor law
 and other applicable labor and prevailing wage laws, article 15-A of the
 executive law, and any other applicable laws  concerning  minority-  and
 women-owned business enterprise participation;
   (13) The proposer's record of complying with existing labor standards,
 maintaining  harmonious  labor  relations, and protecting the health and
 safety of workers and payment of wages above any locally-defined  living
 wage; and
   (14)  A quantitative factor to be used in evaluation of bids or offers
 for awarding of contracts for bidders or offerers that are certified  as
 minority- or women-owned business enterprises as defined in subdivisions
 1, 7, 15 and 20 of section 310 of the executive law, or certified pursu-
 ant to local law as minority- or women-owned business enterprises.
   Such  basis  shall reflect, wherever possible, objective and quantifi-
 able analysis.
   (d) "Cost plus" shall mean compensating a contractor for the  cost  to
 complete a contract by reimbursing actual costs for labor, equipment and
 materials plus an additional amount for overhead and profit.
   (e)  "Design-build  contract" shall mean a contract for the design and
 construction of a public work with a single entity, which may be a  team
 comprised of separate entities.
   (f)  "Project  labor  agreement"  shall  have the meaning set forth in
 subdivision 1 of section 222 of the labor law. A project labor agreement
 shall require participation in apprentice training programs  in  accord-
 ance with paragraph (e) of subdivision 2 of such section.
   §  3.  Any contract for a public work undertaken pursuant to a project
 labor agreement in accordance with section 222 of the labor law may be a
 design-build contract in accordance with this act.
   § 4. Notwithstanding any general, special or local law, rule or  regu-
 lation  to the contrary, including but not limited to article 5-A of the
 general municipal law, and in conformity with the requirements  of  this
 act,  for  any  public work that has an estimated total cost of not less
 than ten million dollars and is undertaken pursuant to a  project  labor
 agreement in accordance with section 222 of the labor law, an authorized
 entity  charged  with  awarding  a  contract for public work may use the
 alternative delivery method referred to as design-build contracts.
   (a) A contractor selected by such authorized entity to  enter  into  a
 design-build  contract  shall  be selected through a two-step method, as
 follows:
   (1) Step one. Generation of a list of responding  entities  that  have
 demonstrated   the   general  capability  to  perform  the  design-build
 contract. Such list shall consist of a specified  number  of  responding
 entities,  as determined by an authorized entity, and shall be generated
 based upon the authorized entity's review of  responses  to  a  publicly
 advertised  request  for qualifications. The authorized entity's request

 S. 5548--B                          3
 
 for qualifications shall include a general  description  of  the  public
 work,  the  maximum  number of responding entities to be included on the
 list, the selection criteria to be used and the relative weight of  each
 criteria  in generating the list.  Such selection criteria shall include
 the qualifications and experience of the design and  construction  team,
 organization,  demonstrated  responsibility, ability of the team or of a
 member or members of the team to comply  with  applicable  requirements,
 including  the  provisions of articles 145, 147 and 148 of the education
 law, past record of compliance with the labor law, and such other quali-
 fications the authorized entity deems appropriate, which may include but
 are not limited  to  project  understanding,  financial  capability  and
 record  of  past  performance.  The authorized entity shall evaluate and
 rate all responding entities to the request for qualifications.    Based
 upon such ratings, the authorized entity shall list the responding enti-
 ties that shall receive a request for proposals in accordance with para-
 graph  two of this subdivision. To the extent consistent with applicable
 federal law, the authorized entity shall  consider,  when  awarding  any
 contract  pursuant  to this section, the participation of (i) responding
 entities that are certified as minority- or women-owned business  enter-
 prises  as defined in subdivisions 1, 7, 15 and 20 of section 310 of the
 executive law, or certified  pursuant  to  local  law  as  minority-  or
 women-owned business enterprises; and (ii) small business concerns iden-
 tified pursuant to subdivision (b) of section 139-g of the state finance
 law; and
   (2) Step two. Selection of the proposal which is the best value to the
 authorized  entity.    The  authorized  entity shall issue a request for
 proposals to the responding entities listed pursuant to paragraph one of
 this subdivision. If such a responding entity  consists  of  a  team  of
 separate  entities,  the  entities that comprise such a team must remain
 unchanged from the responding entity as listed pursuant to paragraph one
 of this subdivision unless otherwise approved by the authorized  entity.
 The  request  for  proposals  shall set forth the public work's scope of
 work, and other requirements, as determined by  the  authorized  entity,
 which  may  include  separate  goals  for  work under the contract to be
 performed by businesses certified as minority- or  women-owned  business
 enterprises as defined in subdivisions 1, 7, 15 and 20 of section 310 of
 the  executive  law,  or certified pursuant to local law as minority- or
 women-owned business enterprises. The request for proposals  shall  also
 specify  the criteria to be used to evaluate the responses and the rela-
 tive weight of each of such criteria. Such criteria  shall  include  the
 proposal's  cost, the quality of the proposal's solution, the qualifica-
 tions and experience of the proposer, and other factors deemed pertinent
 by the authorized entity, which may include, but shall  not  be  limited
 to,  the  proposal's  manner and schedule of project implementation, the
 proposer's ability to complete the work in  a  timely  and  satisfactory
 manner,  maintenance  costs of the completed public work, maintenance of
 traffic approach, and community impact. Any contract awarded pursuant to
 this act shall be awarded to  a  responsive  and  responsible  proposer,
 which,  in  consideration  of  these and other specified criteria deemed
 pertinent, offers the best value, as determined by the authorized  enti-
 ty.  The  request for proposals shall include a statement that proposers
 shall designate in writing those portions of the proposal  that  contain
 trade secrets or other proprietary information that are to remain confi-
 dential;  that  the material designated as confidential shall be readily
 separable from the  proposal.  Nothing  in  this  subdivision  shall  be
 construed  to  prohibit  the  authorized  entity  from negotiating final

 S. 5548--B                          4

 contract terms and conditions including cost.  All  proposals  submitted
 shall  be  scored  according  to  the criteria listed in the request for
 proposals and such final scores shall be  published  on  the  authorized
 entity's website.
   (b)  An  authorized  entity  awarding  a  design-build  contract  to a
 contractor offering the best value may but shall not be required to  use
 the following types of contracts:
   (1)  A  cost-plus  not  to  exceed  guaranteed  maximum  price form of
 contract in which the authorized entity shall be entitled to monitor and
 audit all costs. In establishing the schedule and process for  determin-
 ing  a  guaranteed  maximum  price,  the contract between the authorized
 entity and the contractor shall:
   (i) Describe the scope of the work and the  cost  of  performing  such
 work,
   (ii) Include a detailed line item cost breakdown,
   (iii)  Include a list of all drawings, specifications and other infor-
 mation on which the guaranteed maximum price is based,
   (iv) Include the dates of substantial and final  completion  on  which
 the guaranteed maximum price is based, and
   (v) Include a schedule of unit prices; or
   (2) A lump sum contract in which the contractor agrees to accept a set
 dollar  amount  for  a  contract  which  comprises  a single bid without
 providing a cost breakdown for all costs such as for  equipment,  labor,
 materials,  as well as such contractor's profit for completing all items
 of work comprising the public work.
   § 5. Any contract entered into pursuant to this act  shall  include  a
 clause  requiring  that  any professional services regulated by articles
 145, 147 and 148 of the education law shall be performed and stamped and
 sealed, where appropriate, by a professional licensed in accordance with
 the appropriate article.
   § 6. Construction with respect to each contract  entered  into  by  an
 authorized  entity  pursuant to this act shall be deemed a "public work"
 to be performed in accordance with the provisions of article  8  of  the
 labor  law, as well as subject to sections 200, 240, 241 and 242 of such
 law and enforcement of prevailing wage requirements pursuant to applica-
 ble law or, for projects or public works receiving federal aid, applica-
 ble federal requirements for prevailing wage. Any contract entered  into
 pursuant  to  this  act  shall  include  a clause requiring the selected
 design builder to obligate every  tier  of  contractor  working  on  the
 public  work  to  comply  with the project labor agreement referenced in
 section three of this act, and shall  include  project  labor  agreement
 compliance  monitoring  and  enforcement  provisions consistent with the
 applicable project labor agreement.
   § 7. Each contract entered into by an authorized  entity  pursuant  to
 this  act  shall  comply  with  the  objectives and goals with regard to
 minority- and women-owned business enterprises pursuant to, as  applica-
 ble,  section  6-129  of the administrative code of the city of New York
 or, for projects or  public  works  receiving  federal  aid,  applicable
 federal requirements for disadvantaged business enterprises or minority-
 and women-owned business enterprises.
   §  8. Public works undertaken by an authorized entity pursuant to this
 act shall be subject to the requirements of article 8  of  the  environ-
 mental  conservation law, and, where applicable, the requirements of the
 National Environmental Policy Act.
   § 9. (a) Notwithstanding any provision of law  to  the  contrary,  all
 rights  or  benefits,  including terms and conditions of employment, and

 S. 5548--B                          5
 
 protection of civil service and  collective  bargaining  status  of  all
 employees  of  authorized  entities solely in connection with the public
 works identified in subdivision (a) of section two of this act, shall be
 preserved and protected.
   (b)  Nothing  in this act shall result in the: (1) displacement of any
 currently  employed  worker  or  loss  of  position  (including  partial
 displacement  such  as  a  reduction  in the hours of non-overtime work,
 wages or employment benefits), or result in the impairment  of  existing
 collective  bargaining  agreements;  and (2) transfer of existing duties
 and functions related to maintenance and operations currently  performed
 by existing employees of authorized entities to a contractor.
   (c)  Employees  of  authorized  entities  using design-build contracts
 serving in positions in newly created titles shall be  assigned  to  the
 appropriate  bargaining  unit.  Nothing  contained  in this act shall be
 construed to affect (1) the existing rights of employees of  such  enti-
 ties  pursuant  to  an existing collective bargaining agreement, (2) the
 existing representational  relationships  among  employee  organizations
 representing employees of such entities, or (3) the bargaining relation-
 ships between such entities and such employee organizations.
   §  10. The submission of a proposal or responses or the execution of a
 design-build contract pursuant to this act shall not be construed to  be
 a violation of section 6512 of the education law.
   §  11.  Nothing  contained  in this act shall limit the right or obli-
 gation of any authorized entity to comply with  the  provisions  of  any
 existing contract or to award contracts as otherwise provided by law.
   §  12.  This act shall take effect immediately and shall expire and be
 deemed repealed 4 years after such date;  provided  that,  public  works
 with  requests  for  qualifications issued prior to such repeal shall be
 permitted to continue under this act notwithstanding such repeal.