S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9429
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Cities
 
 AN  ACT  to  amend  chapter 749 of the laws of 2019 constituting the New
   York city public works  investment  act,  in  relation  to  permitting
   progressive design build contracts for certain public works projects
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Chapter 749 of the laws of 2019 constituting the  New  York
 city  public  works  investment  act,  subdivision  (a) of section 2 and
 section 14 as amended by section 4 of part AA of chapter 58 of the  laws
 of 2022, is amended to read 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 citywide admin-
 istrative  services,  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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14612-02-4
 A. 9429                             2
 
   (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.
   (D-1)  "PROGRESSIVE  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, THAT IS SELECTED
 THROUGH A QUALIFICATIONS-BASED SELECTION AT THE EARLIEST FEASIBLE  STAGE
 OF THE PROJECT.
   (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.
   (F)  "QUALIFICATIONS-BASED  SELECTION"  MEANS THE PROCESS BY WHICH THE
 AUTHORIZED  ENTITY SOLICITS FOR SERVICES FROM  THE  PROGRESSIVE  DESIGN-
 A. 9429                             3
 
 BUILD  ENTITIES  AND  THAT  PRICE IS NOT THE SOLE FACTOR AS THE BASIS OF
 AWARD, OR THE COST RANGE IS NOT YET DETERMINED.
   §  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 OR A PROGRESSIVE DESIGN-BUILD CONTRACT in  accord-
 ance 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
 public  work  that  has  an  estimated  cost of not less than 10 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] METHODS referred to  as  design-build  OR  PROGRESSIVE
 DESIGN-BUILD  contracts.   Provided, however, that any authorized entity
 charged with awarding a contract for  public  work  in  connection  with
 property  within  the  jurisdiction  of  the New York city department of
 parks and recreation or the New York city housing authority  is  author-
 ized  to use the alternative delivery method referred to as design-build
 OR PROGRESSIVE DESIGN-BUILD contracts for any such public work that  has
 an  estimated  cost  of  not  less than one million two hundred thousand
 dollars if such public work is otherwise in conformity with the require-
 ments of this act. Provided further that any authorized entity  may  use
 the  alternative delivery method referred to as design-build OR PROGRES-
 SIVE DESIGN-BUILD contracts for any public work that  has  an  estimated
 cost  of  not less than one million two hundred thousand dollars if such
 public work is otherwise in conformity with the requirements of this act
 and primarily consists of: pedestrian ramps and  similar  infrastructure
 to  improve  access to sidewalks in the city of New York for people with
 disabilities;  renovation  and  construction  of  cultural  institutions
 located  on  publicly owned real property and of public libraries in the
 city of New York; or security infrastructure, including bollards,  plan-
 ters and other physical structures, designed to protect life and proper-
 ty from acts of terror or mass violence.
   (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
 A. 9429                             4
 
 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
 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 after registration of such  contract  or
 the  date  upon  which such contract may be implemented, if registration
 requirements do not apply.
 A. 9429                             5
 
   (b) THE PROCUREMENT  PROCESS  FOR  PROGRESSIVE  DESIGN-BUILD  PROJECTS
 SHALL PROGRESS AS FOLLOWS:
   (1) THE AUTHORIZED ENTITY SHALL PREPARE AND ISSUE A REQUEST FOR QUALI-
 FICATIONS  IN  ORDER  TO  SELECT  A  PROGRESSIVE  DESIGN-BUILD ENTITY TO
 EXECUTE THE PROJECT. THE REQUEST FOR QUALIFICATIONS SHALL  INCLUDE,  BUT
 IS NOT LIMITED TO, THE FOLLOWING ELEMENTS:
   (I)  DOCUMENTATION  OF THE SIZE, TYPE, AND DESIRED DESIGN CHARACTER OF
 THE PROJECT AND ANY  OTHER  INFORMATION  DEEMED  NECESSARY  TO  DESCRIBE
 ADEQUATELY  THE AUTHORIZED   ENTITY'S NEEDS, INCLUDING THE EXPECTED COST
 RANGE, PROVIDED, HOWEVER, THAT THE AUTHORIZED ENTITY MAY DETERMINE THESE
 IN CONSULTATION WITH THE PROGRESSIVE DESIGN-BUILD ENTITY  SUBSEQUENT  TO
 THE  AWARDING  OF  A  CONTRACT; THE METHODOLOGY THAT WILL BE USED BY THE
 AUTHORIZED ENTITY TO  EVALUATE  THE  PROGRESSIVE  DESIGN-BUILD  ENTITY'S
 QUALIFICATIONS,  THE  PROCEDURE  FOR  FINAL SELECTION OF THE PROGRESSIVE
 DESIGN-BUILD ENTITY, AND ANY OTHER INFORMATION DEEMED NECESSARY  BY  THE
 LOCAL  AGENCY  TO  INFORM INTERESTED PARTIES OF THE CONTRACTING OPPORTU-
 NITY.
   (II) SIGNIFICANT FACTORS THAT THE AUTHORIZED ENTITY REASONABLY EXPECTS
 TO CONSIDER IN EVALUATING QUALIFICATIONS, INCLUDING TECHNICAL DESIGN AND
 CONSTRUCTION EXPERTISE, AND ALL  OTHER  NON-PRICE-RELATED  FACTORS.  THE
 AUTHORIZED    ENTITY  MAY  REQUIRE  THAT  A PRELIMINARY COST ESTIMATE BE
 INCLUDED IN THE PROGRESSIVE DESIGN-BUILD ENTITIES' RESPONSES AND CONSID-
 ER THOSE COSTS IN EVALUATING THE STATEMENTS OF QUALIFICATIONS.
   (III) THE RELATIVE IMPORTANCE OR THE WEIGHT ASSIGNED TO  EACH  OF  THE
 FACTORS IDENTIFIED IN THE REQUEST FOR QUALIFICATIONS.
   (IV)  A  STANDARD  TEMPLATE  REQUEST  FOR STATEMENTS OF QUALIFICATIONS
 PREPARED BY THE AUTHORIZED  ENTITY. IN PREPARING THE STANDARD  TEMPLATE,
 THE  AUTHORIZED   ENTITY MAY CONSULT WITH THE CONSTRUCTION INDUSTRY, THE
 BUILDING TRADES AND SURETY INDUSTRY, AND OTHER LOCAL AGENCIES INTERESTED
 IN USING THE AUTHORIZATION PROVIDED BY  THIS  ACT.  THE  TEMPLATE  SHALL
 REQUIRE THE FOLLOWING INFORMATION:
   (A)  IF THE PROGRESSIVE DESIGN-BUILD ENTITY IS A PRIVATELY HELD CORPO-
 RATION, LIMITED LIABILITY COMPANY,  PARTNERSHIP,  OR  JOINT  VENTURE,  A
 LISTING  OF ALL OF THE ENTITY'S SHAREHOLDERS, PARTNERS, OR MEMBERS KNOWN
 AT THE TIME OF  THE  STATEMENT  OF  QUALIFICATION  SUBMISSION  WHO  WILL
 PERFORM WORK ON THE PROJECT;
   (B)  EVIDENCE  THAT  THE  MEMBERS OF THE PROGRESSIVE DESIGN-BUILD TEAM
 HAVE COMPLETED, OR HAVE DEMONSTRATED THE EXPERIENCE,  COMPETENCY,  CAPA-
 BILITY,  AND  CAPACITY  TO COMPLETE, PROJECTS OF SIMILAR SIZE, SCOPE, OR
 COMPLEXITY, AND THAT PROPOSED KEY PERSONNEL HAVE  SUFFICIENT  EXPERIENCE
 AND   TRAINING  TO  COMPETENTLY  MANAGE  AND  COMPLETE  THE  DESIGN  AND
 CONSTRUCTION OF THE PROJECT, AND A FINANCIAL STATEMENT THAT ENSURES THAT
 THE PROGRESSIVE DESIGN-BUILD ENTITY HAS THE  CAPACITY  TO  COMPLETE  THE
 PROJECT;
   (C) THE LICENSES, REGISTRATION, AND CREDENTIALS REQUIRED TO DESIGN AND
 CONSTRUCT THE PROJECT, INCLUDING, BUT NOT LIMITED TO, INFORMATION ON THE
 REVOCATION OR SUSPENSION OF ANY LICENSE, CREDENTIAL, OR REGISTRATION;
   (D) EVIDENCE THAT ESTABLISHES THAT THE PROGRESSIVE DESIGN-BUILD ENTITY
 HAS THE CAPACITY TO OBTAIN ALL REQUIRED PAYMENT AND PERFORMANCE BONDING,
 LIABILITY INSURANCE, AND ERRORS AND OMISSIONS INSURANCE;
   (E)  INFORMATION  CONCERNING  WORKERS' COMPENSATION EXPERIENCE HISTORY
 AND A WORKER SAFETY PROGRAM;
   (F) IF THE PROPOSED PROGRESSIVE DESIGN-BUILD ENTITY IS A  CORPORATION,
 LIMITED  LIABILITY  COMPANY,  PARTNERSHIP, JOINT VENTURE, OR OTHER LEGAL
 ENTITY, A COPY OF THE ORGANIZATIONAL DOCUMENTS OR  AGREEMENT  COMMITTING
 TO FORM THE ORGANIZATION; AND
 A. 9429                             6
 
   (G)  AN  ACCEPTABLE SAFETY RECORD. A PROPOSER'S SAFETY RECORD SHALL BE
 DEEMED ACCEPTABLE IF ITS  EXPERIENCE  MODIFICATION  RATE  FOR  THE  MOST
 RECENT  THREE-YEAR PERIOD IS AN AVERAGE OF 1.00 OR LESS, AND ITS AVERAGE
 TOTAL RECORDABLE INJURY OR ILLNESS RATE AND AVERAGE LOST WORK  RATE  FOR
 THE MOST RECENT THREE-YEAR PERIOD DOES NOT EXCEED THE APPLICABLE STATIS-
 TICAL  STANDARDS FOR ITS BUSINESS CATEGORY OR IF THE PROPOSER IS A PARTY
 TO AN ALTERNATIVE DISPUTE RESOLUTION SYSTEM.
   (V) THE INFORMATION REQUIRED UNDER THIS SUBDIVISION SHALL BE CERTIFIED
 UNDER PENALTY OF PERJURY BY THE PROGRESSIVE DESIGN-BUILD ENTITY AND  ITS
 GENERAL PARTNERS OR JOINT VENTURE MEMBERS.
   (2)  AT  THE  CLOSE  OF THE SOLICITATION PERIOD, THE AUTHORIZED ENTITY
 SHALL  REVIEW  THE  SUBMISSIONS.  THE  AUTHORIZED  ENTITY  MAY  EVALUATE
 SUBMISSIONS  BASED SOLELY UPON THE INFORMATION PROVIDED IN EACH PROGRES-
 SIVE DESIGN-BUILD ENTITY'S STATEMENT OF QUALIFICATIONS.  THE  AUTHORIZED
 ENTITY  MAY  ALSO  INTERVIEW SOME OR ALL OF THE PROGRESSIVE DESIGN-BUILD
 ENTITIES TO FURTHER EVALUATE THEIR QUALIFICATIONS FOR THE PROJECT.
   (3) UPON ISSUANCE OF A CONTRACT AWARD,  THE  AUTHORIZED  ENTITY  SHALL
 PUBLICLY  ANNOUNCE  ITS  AWARD, IDENTIFYING THE PROGRESSIVE DESIGN-BUILD
 ENTITY TO WHICH THE AWARD IS MADE, ALONG WITH A STATEMENT REGARDING  THE
 BASIS  OF  THE  AWARD.  THE  STATEMENT REGARDING THE AUTHORIZED ENTITY'S
 CONTRACT AWARD AND THE CONTRACT FILE SHALL PROVIDE  SUFFICIENT  INFORMA-
 TION TO SATISFY AN EXTERNAL AUDIT.
   (C)  An  authorized  entity  awarding  a  design-build  OR PROGRESSIVE
 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. 9429                             7
 
 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 relating to the
 performance of design and construction services by minority- and  women-
 owned  business enterprises pursuant to, as applicable, 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 disad-
 vantaged 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.
   (d)  Without  limiting  contractors' obligations under design-build OR
 PROGRESSIVE DESIGN-BUILD contracts to issue their  own  initial  certif-
 ications  of substantial completion and final completion, public employ-
 ees of authorized entities shall review and determine whether  the  work
 performed by contractors is acceptable and has been performed in accord-
 ance  with  the  applicable  design-build  contracts, and if such public
 employees so determine, such public employees shall accept  contractors'
 substantial  or  final  completion  of  the  public works as applicable.
 Performance by authorized entities  of  any  review  described  in  this
 subdivision shall not be construed to modify or limit contractors' obli-
 gations  to  perform  the  work in strict accordance with the applicable
 design-build OR PROGRESSIVE DESIGN-BUILD contracts or  the  contractors'
 or any subcontractors' obligations or liabilities under any law.
   §  10. The submission of a proposal or responses or the execution of a
 design-build OR PROGRESSIVE DESIGN-BUILD contract pursuant to  this  act
 A. 9429                             8
 
 shall  not  be construed to be a violation of section 6512 of the educa-
 tion 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 not impact or impair
 the application of section 1740 of the public authorities law concerning
 the use of outside design, drafting or inspection services, and shall be
 in addition to the authority conferred by any other law upon any author-
 ized 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  replace-
 ment  act  shall  continue  to be governed by the provisions of such act
 while such provisions are in effect.
   § 13. A report shall be submitted no later  than  June  30,  2020  and
 annually  thereafter,  to  the  governor, the temporary president of the
 senate and the speaker of the assembly by the city of New York on behalf
 of its agencies, the New York city housing authority, the New York  city
 school  construction  authority, and the New York city health and hospi-
 tals corporation containing information regarding each  design-build  OR
 PROGRESSIVE  DESIGN-BUILD  contract  procured pursuant to this act. Such
 report shall  include  a  description  of  each  such  design-build  AND
 PROGRESSIVE DESIGN-BUILD contract, information regarding the procurement
 process  for  each  such  [design-build]  contract including the list of
 responding entities that demonstrated the general capability to  perform
 the  design-build OR PROGRESSIVE DESIGN-BUILD contract pursuant to para-
 graph (1) of subdivision (a) OR SUBDIVISION (B) of section four of  this
 act,  the  total  cost  of each design-build OR PROGRESSIVE DESIGN-BUILD
 contract, an explanation of the estimated  savings  resulting  from  the
 design-build  [method]  AND  PROGRESSIVE  DESIGN-BUILD  METHODS, and the
 participation rate of and total dollar value of monies paid to minority-
 and women-owned business enterprises under such design-build OR PROGRES-
 SIVE DESIGN-BUILD contract.
   § 14. This act shall take effect immediately and shall expire  and  be
 deemed repealed eight 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.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  sections 1 through 13 of chapter 749 of the laws of
 2019 constituting the New York city public works investment act made  by
 section one of this act shall not affect the expiration of such sections
 and shall be deemed repealed therewith.