NY Pub Auth L § 1678-A (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 4 - Dormitory Authority 1678-A - New York State Design and Construction Corporation Act.

* § 1678-a. New York state design and construction corporation act. 1. Purposes  of  act.  The  purposes  of  the  New  York  state  design and construction corporation act are to establish the New York state  design and   construction   corporation   to  provide  (a)  additional  project management expertise, monitoring  and  oversight  on  individual  public works  projects  each  having a total or aggregate construction value in excess of fifty million dollars  undertaken  by  state  agencies,  state departments  subject  to  the  provisions  of  this  section,  and state authorities including one created by chapter one hundred  fifty-four  of the laws of nineteen hundred twenty-one and one created by chapter eight hundred  twenty-four of the laws of nineteen hundred thirty-three herein after referred to as "state entity"; and (b) a means  to  implement  and recommend  improvements  and  other  project  changes  on  such proposed individual public works projects in excess of fifty million  dollars  in total  or aggregate value, in a more timely fashion, to ensure that such projects can be accomplished, to the extent practicable, on time, within budget and at an acceptable overall quality and cost to the state of New York.   2. New York state design and construction corporation.  (a)  There  is hereby   established   the   New  York  state  design  and  construction corporation as a subsidiary corporation of the dormitory authority.  (b) The dormitory authority may provide or lease  to  such  subsidiary corporation any real, personal or mixed property as shall be required in order  to  carry  out the purposes of this act. The authority may assign any such employees to work for the corporation as shall be  required  in order  to  carry out the purposes of this section and all such employees shall retain their respective civil service classifications,  seniority, status,  and rights pursuant to their collective bargaining units and/or collective bargaining agreements, as applicable. Any  employee  assigned pursuant  to  this  section  shall  remain  in  his  or  her  collective bargaining unit, and no employee shall receive a reduction in salary  or benefits due to such assignment. Notwithstanding any provision of law to the  contrary,  the  term  "employee" as set forth in this section shall mean a dormitory authority employee assigned, in whole, or in  part,  to work for the corporation.  (c)   Such   corporation   shall  be  a  body  corporate  and  politic constituting a public benefit corporation, and shall  have  all  of  the privileges,  immunities,  tax  exemptions  and  other  exemptions of the dormitory authority to the extent the same  are  not  inconsistent  with this section.  (d)  The  board  of  the corporation shall consist of three members as designated by the governor, and the governor shall designate  the  chair from  among  the  members of the corporation's board. The members of the corporation's board shall serve until such time as his or her  successor is appointed by the governor.  (e)  A quorum shall consist of a majority of the members of the board. A quorum shall be required  for  the  board  to  conduct  business,  and approval  of  any  matter  properly  before  the board shall require the affirmative  vote  of  the  majority  of  the  board.  Meetings  of  the corporation  shall  be  called  by  the  chair,  or by a majority of the members appointed. Meetings shall be held at least bi-annually.  (f) Nothing in this subdivision  shall  be  construed  to  impose  any liabilities,  obligations  or  responsibilities of such corporation upon the dormitory authority, and the authority shall have  no  liability  or responsibility   therefor  unless  the  authority  expressly  agrees  by resolution of the authority board to assume the same.  (g) The provisions of section sixteen hundred ninety-one of this title shall in all respects apply  to  members  of  the  corporation  and  any  officer,  employee  or  agent of the dormitory authority assigned to the corporation, while acting within the scope of his, her or its authority.  (h)  All  of  the provisions of sections seventeen and nineteen of the public officers law shall apply to the members, directors, officers  and employees of the corporation.  (i)  The corporation created pursuant to this section shall be subject to any other provisions of this chapter pertaining  to  subsidiaries  of public   authorities   to  the  extent  that  such  provisions  are  not inconsistent with the provisions of this section.   3. Corporation review and oversight of certain public works contracts. For individual  public  works  projects  having  a  total  or  aggregate construction  value  in  excess  of  fifty  million dollars, hereinafter referred to as  "covered  projects",  and  for  any  and  all  contracts relating  to  such  covered  projects  which  are  advertised for bid or proposal or otherwise procured and/or entered into on or  after  January first, two thousand sixteen:  (a) Any state entity proposing a covered project shall provide written notice   to  the  corporation  of  such  proposal,  to  include  without limitation, the estimated value of the covered project and a summary  of the  scope  and  duration of such covered project. Projects shall not be divided or segmented for the purposes of avoiding  compliance  with  the provisions  of this act. For purposes of this section, "covered project" shall not include capital projects of the office of  state  comptroller, office  of  the attorney general or education department of the state of New York.  (b) The corporation shall have the authority to, and may, in its  sole discretion,  review,  monitor,  and  oversee,  in whole or in part, such covered project, and make recommendations regarding necessary corrective or other action to any state entity  in  connection  with  such  covered project  provided  that  the  corporation, in its sole discretion, deems such covered project to be at risk of being delayed, not being completed within budget, or not completed at an acceptable level of quality.  (c) For the purposes of this section, the term  "project"  shall  mean any work associated with the planning, acquisition, design, engineering, environmental   analysis,   construction,  reconstruction,  restoration, rehabilitation,  establishment,  improvement,   renovation,   extension, repair, revitalization, management and development of a capital asset as defined in section two of the state finance law.  (d)  The state entity undertaking such covered project shall cooperate in good faith with the corporation, and provide reasonable access to all personnel,  books,  records,  plans,  specifications,  data  and   other information  as  may  be  necessary  for  the corporation to perform its duties. The corporation shall limit  its  request  for  access  to  such information   that   is  reasonably  necessary,  as  determined  by  the corporation to perform its duties.  (e) In the event the corporation determines that corrective  or  other action is necessary for such covered project, then the corporation shall provide the state entity with written notice of what corrective or other actions  the  corporation  recommends  as  necessary  to  accomplish the project, to the extent practicable, on time, within  budget  and  at  an acceptable  overall  cost  to  the state of New York. Such corrective or other action may include, but not be limited to:  (i) Modification of such plans, schedules, specifications, designs and estimates of costs for the construction of the project and equipment  of facilities;  (ii)  Detailed  analysis  of the project schedule so as to cure delays that may have occurred or prevent future delay;  (iii) Detailed analysis of project budget;  (iv) Detailed analysis of  change  orders  and/or  payments  to  prime contractors, subcontractors and other parties;  (v)   Detailed  analysis  of  records  of  construction  observations, inspections and deficiencies;  (vi) Exercise of applicable rights and/or  remedies  with  respect  to contracts, contractors, subcontractors or other consultants;  (vii)  Procurement  of  independent  auditors, project managers, legal counsel, or other professionals for the benefit of the project;  (viii) Regular reporting of  project  status  and  milestones  to  the corporation;  (ix)   Active   project  management  review  and  oversight  utilizing additional resources provided by the corporation; and  (x) Periodic project review and audit by the corporation on a suitable time interval determined by the corporation.   The state entity undertaking the project shall have a period of thirty days, or shorter if the corporation determines that a shorter period  is required  by  the  circumstances  or longer if the corporation consents, from receipt of written notice of recommended corrective action from the corporation, to notify the corporation in writing of its  acceptance  or rejection of the corrective or other action. In the event that the state entity  rejects  any corrective or other action, in whole or in part, it shall provide simultaneous written notice to the corporation accompanied by a reasoned explanation in support of its  rejection.  Such  rejection shall  be  reported to the secretary to the governor and the director of the division of budget  within  fifteen  days  of  its  receipt  by  the corporation.  (f)  Any  state  entity  proposing  a  covered project shall include a summary of the provisions of this section in all  such  proposal  and/or bid documents for such projects.   4.  General  powers and duties of the corporation. (a) The corporation shall have the power to:  (i) Sue and be sued;  (ii) Have a seal and alter the same at pleasure;  (iii) Make  and  alter  by-laws  for  its  organization  and  internal management and make rules and regulations governing same;  (iv)  Assign  such  officers  and  employees  from  the  officers  and employees of the authority, as it may require for the performance of its duties and, for those officers and employees who are not represented  by a   recognized   employee   organization,   fix   and   determine  their qualifications, duties, and compensation;  (v) Retain or employ counsel, auditors, private financial consultants, professional engineers or other technical consultants and other services on a contract basis or otherwise, for  the  rendering  of  professional, business or technical services and advice;  (vi) Make and execute contracts and all other instruments necessary or convenient  for  the  exercise  of  its  powers and functions under this section;  (vii) Engage the services of private consultants on a  contract  basis for  rendering  professional and technical assistance advice relating to covered projects;  (viii) Procure insurance against  any  loss  in  connection  with  its activities,  properties  and  other assets, in such amount and from such insurance as it deems desirable; and  (ix) Invest any funds of the corporation, or any  other  monies  under its  custody and control not required for immediate use or disbursement, at the discretion of the corporation, in obligations of the state or the United States government or obligations the principal  and  interest  of which  are  obligations  in  which  the  comptroller  of  the  state  is  authorized to invest pursuant  to  section  ninety-eight  of  the  state finance law.  (b)  The  corporation may do any and all things necessary to carry out and exercise the powers given and granted by this section.  (c) Notwithstanding any other provision of law, to the  contrary,  all state  entities  and their officers shall cooperate with the corporation in good faith and may implement the recommendations of the corporation.   * NB Repealed July 1, 2022