S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7636
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2019
                                ___________
 
 Introduced  by  M. of A. BRAUNSTEIN, RODRIGUEZ -- read once and referred
   to the Committee on Cities
 
 AN ACT to authorize, for certain public  works  undertaken  pursuant  to
   project labor agreements, use of the alternative delivery method known
   as design-build contracts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title.  This act shall be known and may be  cited  as
 the "New York city public works investment act".
   § 2. For the purposes of this act:
   (a)  "Authorized  entity"  shall  mean the New York city department of
 design and construction, the New York city department  of  environmental
 protection, the New York city department of transportation, the New York
 city  department  of  parks and recreation, the New York city health and
 hospitals corporation, the New York city school  construction  authority
 and the New York city housing authority.
   (b)  "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;
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11524-02-9
              

 A. 7636                             2
 
   (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 pursuant to article 15-A
 of the executive law, and certified pursuant to local law  as  minority-
 or  women-owned business enterprises. Where an agency identifies a quan-
 titative factor pursuant to this paragraph, the agency must specify that
 businesses certified as minority- or  women-owned  business  enterprises
 pursuant to article 15-A of the executive law as well as those certified
 as  minority- or women-owned business enterprises or pursuant to section
 1304 of the New York city charter  are  eligible  to  qualify  for  such
 factor.  Nothing  in  this paragraph shall be construed as a requirement
 that such businesses be concurrently certified as  minority-  or  women-
 owned  business enterprises under both article 15-A of the executive law
 and section 1304 of the New York city charter to qualify for such  quan-
 titative   factors.   In  addition,  where  the  New  York  city  school
 construction authority acts as the authorized entity, businesses  certi-
 fied  as  minority-  or  women-owned  business  enterprises  pursuant to
 section 1743 of the public authorities law shall be eligible to  qualify
 for such factor.
   Such  basis  shall reflect, wherever possible, objective and quantifi-
 able analysis.
   (c) "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.
   (d)  "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.
   (e)  "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 section 7210 of the
 education  law,  article  5-A of the general municipal law, article 8 of
 the public  housing law, sections 1734 and 1735 of the  public  authori-
 ties  law and section 8 of the New York city health and hospitals corpo-
 ration act, and in conformity with the requirements of this act, for any

 A. 7636                             3
 
 public work that has an estimated cost of  not  less  than  1.2  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 an 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
 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  pursuant  to  article  15-A  of  the executive law, or certified
 pursuant to local law as minority- or women-owned business  enterprises,
 or,  where  the  New York city school construction authority acts as the
 authorized entity, certified pursuant to  section  1743  of  the  public
 authorities law; and (ii) small business concerns identified pursuant to
 subdivision  (b) of section 139-g of the state finance law. In addition,
 nothing in this section shall be deemed to supersede any  pre-qualifica-
 tion  guidelines  or  requirements  otherwise  authorized  by law for an
 authorized entity.
   (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 pursuant to article 15-A of the  executive  law  or  section
 1743  of  the public authorities law, or certified pursuant to local law
 as minority-  or  women-owned  business  enterprises.  The  request  for

 A. 7636                             4
 
 proposals  shall  also  specify  the criteria to be used to evaluate the
 responses and the relative weight of each of such criteria. Such  crite-
 ria  shall  include  the  proposal's cost, the quality of the proposal's
 solution,  the  qualifications 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  deter-
 mined  by the authorized entity. 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 confidential; that the material designated as confi-
 dential shall be readily separable from the proposal.  Nothing  in  this
 subdivision  shall  be  construed to prohibit the authorized entity from
 negotiating final 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

 A. 7636                             5
 
 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,
 subdivision 6 of section 8 of the New York  city  health  and  hospitals
 corporation  act,  section  1743  of the public authorities law, 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
 protection  of  civil  service  and  collective bargaining status of all
 employees of authorized entities solely in connection with  public  work
 undertaken  by  an  authorized  entity  pursuant  to  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.  The authority conferred by this act shall be in addition to the
 authority conferred  by  any  other  law  upon  any  authorized  entity,
 provided  that  any public work covered by the New York city BQE design-
 build act, the New York city housing authority modernization  investment
 act  or  the  New  York  city Rikers Island jail complex replacement act
 shall continue to be governed by the provisions of such act  while  such
 provisions are in effect.
   § 13. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7636--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN,  RODRIGUEZ,  FALL, D. ROSENTHAL,
   WEPRIN, EICHENSTEIN -- read once and  referred  to  the  Committee  on
   Cities  -- reported and referred to the Committee on Ways and Means --
   reported and referred to the Committee on  Rules  --  Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 AN  ACT  to  authorize,  for certain public works undertaken pursuant to
   project labor agreements, use of the alternative delivery method known
   as design-build contracts;  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. Short title.  This act shall be known and may be  cited  as
 the "New York city public works investment act".
   § 2. For the purposes of this act:
   (a)  "Authorized  entity"  shall  mean the New York city department of
 design and construction, the New York city department  of  environmental
 protection, the New York city department of transportation, the New York
 city  department  of  parks and recreation, the New York city health and
 hospitals corporation, the New York city school  construction  authority
 and the New York city housing authority.
   (b)  "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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11524-03-9

 A. 7636--A                          2
 
   (5) The proposer's ability to limit change orders;
   (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 pursuant to article 15-A
 of the executive law, and certified pursuant to local law  as  minority-
 or  women-owned business enterprises. Where an agency identifies a quan-
 titative factor pursuant to this paragraph, the agency must specify that
 businesses certified as minority- or  women-owned  business  enterprises
 pursuant to article 15-A of the executive law as well as those certified
 as  minority- or women-owned business enterprises or pursuant to section
 1304 of the New York city charter  are  eligible  to  qualify  for  such
 factor.  Nothing  in  this paragraph shall be construed as a requirement
 that such businesses be concurrently certified as  minority-  or  women-
 owned  business enterprises under both article 15-A of the executive law
 and section 1304 of the New York city charter to qualify for such  quan-
 titative   factors.   In  addition,  where  the  New  York  city  school
 construction authority acts as the authorized entity, businesses  certi-
 fied  as  minority-  or  women-owned  business  enterprises  pursuant to
 section 1743 of the public authorities law shall be eligible to  qualify
 for such factor.
   Such  basis  shall reflect, wherever possible, objective and quantifi-
 able analysis.
   (c) "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.
   (d)  "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.
   (e)  "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 section 7210 of the

 A. 7636--A                          3
 
 education  law,  article  5-A of the general municipal law, article 8 of
 the public  housing law, sections 1734 and 1735 of the  public  authori-
 ties  law and section 8 of the New York city health and hospitals corpo-
 ration act, and in conformity with the requirements of this act, for any
 public  work  that  has  an  estimated cost of not less than 1.2 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 an 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
 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 pursuant to article 15-A  of  the  executive  law,  or  certified
 pursuant  to local law as minority- or women-owned business enterprises,
 or, where the New York city school construction authority  acts  as  the
 authorized  entity,  certified  pursuant  to  section 1743 of the public
 authorities law; and (ii) small business concerns identified pursuant to
 subdivision (b) of section 139-g of the state finance law. In  addition,
 nothing  in this section shall be deemed to supersede any pre-qualifica-
 tion guidelines or requirements  otherwise  authorized  by  law  for  an
 authorized entity.
   (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

 A. 7636--A                          4
 
 performed by businesses certified as minority- or  women-owned  business
 enterprises  pursuant  to  article  15-A of the executive law or section
 1743 of the public authorities 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 relative weight of each of such criteria. Such crite-
 ria shall include the proposal's cost, the  quality  of  the  proposal's
 solution,  the  qualifications 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  deter-
 mined  by the authorized entity. 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 confidential; that the material designated as confi-
 dential shall be readily separable from the proposal.  Nothing  in  this
 subdivision  shall  be  construed to prohibit the authorized entity from
 negotiating final 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

 A. 7636--A                          5
 
 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,
 subdivision 6 of section 8 of the New York  city  health  and  hospitals
 corporation  act,  section  1743  of the public authorities law, 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
 protection  of  civil  service  and  collective bargaining status of all
 employees of authorized entities solely in connection with  public  work
 undertaken  by  an  authorized  entity  pursuant  to  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.  The authority conferred by this act shall be in addition to the
 authority conferred  by  any  other  law  upon  any  authorized  entity,
 provided  that  any public work covered by the New York city BQE design-
 build act, the New York city housing authority modernization  investment
 act  or  the  New  York  city Rikers Island jail complex replacement act
 shall continue to be governed by the provisions of such act  while  such
 provisions are in effect.

 A. 7636--A                          6
 
   §  13.  This act shall take effect immediately and shall expire and be
 deemed repealed three 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.