- While formal quality assurance safeguards have not been incorporated into state law pertaining to the use of design build in the public sector despite efforts by the design community and the State Education Department (SED), the broader design community and SED Boards overseeing the design professions have endorsed a design build methodology for the public sector. The methodology is set forth in a position statement set forth below-
DRAFT POSITION STATEMENT – DESIGN BUILD 04.19.2013
The following draft document is a joint effort of the State Boards representing the design professions in New York. The State Boards’ position is that design build, with the proper safeguards, can be a viable project delivery method for publicly funded projects; one that protects the public’s health, safety and welfare while helping to control project costs, schedule, and quality. The requirements, roles, and responsibilities of the design professionals and contractors and the requirements of the RFP design build submission outlined below comprise the parameters around which the State Boards believe the design build method of project delivery may be performed in the State of New York in a manner that will protect the public’s health, safety, and welfare. Of important note to improve accountability to the public, the State Boards support a new licensure requirement for contractors, but only for those contractors who want to use the design-build method of project delivery.
Requirements, Roles and Responsibilities
Depending upon the complexity of the project, the Owner has the flexibility to hire or use multiple Design Professionals/firms for different scopes of professional services
DCP – Owner’s Design Criteria Professional
-The DCP must be a New York licensed and registered design professional and/or firm authorized to provide design professional services in New York
-The DCP may be either Owner’s qualified in-house staff or the Owner may hire a New York licensed and registered design professional and/or firm authorized to provide design professional services in New York
-A DCP must be retained/serve as Owner’s representative for duration of the project
-The DCP assists in the preparation of the RFP package to allow the DB Team to submit a proposal that meets the requirements of the DB RFP submission identified below
-Sets the quality assurance/control requirements for the DB Team and monitors the DB Team during design and construction
-Identifies preliminary list of permits required for projects
-Assists Owner with selection of DB Team
-Provides review for the Owner while the DB Team advances the design, including the construction documents phase, construction phase, and the project closeout phase, to check compliance with RFP requirements and to ensure design intent is met
DB Team – (DP – Design Professional + Contractor)
Depending upon the complexity of the project, the Design Build Team may consist of multiple Design Professionals/firms to provide different scopes of professional services
-DP must be a New York licensed and registered design professional and/or firm authorized to provide design professional services in New York
-Contractor must be a licensed and registered contractor qualified to do design-build in New York (contractor only needs to be licensed for design-build projects)
-DB Team fixes final cost of project and final schedule
-DP develops the final design and stamps/signs final Construction Documents for regulatory approvals
-DP reviews submittals and does construction site visits during construction
-DB Team is responsible for Quality Assurance/Control, Inspection and Oversight requirements as defined in the RFP*
(*While the consensus draft requires the DP to secure inspection services during construction, NYSSPE’s preference is for DCP to secure inspection services with inspection reports to be forwarded to both the DCP and the DP.)
-DP conducts final inspection and does punch list, verifies project has been constructed in accordance with New York codes/laws/regulations, and obtains certificate of occupancy and/or completion
Requirements of the DB RFP submission provided by the DCP
-Design performance criteria and design standards
-Quality Assurance/Control, Inspection and Oversight parameters
-Concept/schematic documents to establish design intent
-Scope of work and Performance specifications
-Proposed project schedule for design and construction (in milestones)
Key Additional Requirements
-Hiring of the DB Team should be a two step quality-based and best-value selection that includes, but is not limited to, the DB Team’s experience, qualifications and financial capability.
-DP on the DB Team may not be an employee of contractor
-DCP and the DP on DB Team must be employed at an entity authorized to provide professional design services in New York, including a Certificate of Authorization from the State Board for Engineering/Land Surveying if required or a New York licensed and registered design professional acting as a sole practitioner
-DCP cannot be the DP
-DP must be named in the DB contract and cannot be terminated from the project without the Owner’s consent
-The DP is the design professional of record for their defined scope of work.
Nothing in this document is intended to limit grandfathered corporations from providing those professional services that they are authorized to perform.
13. To what extent, if any, do the guidelines respecting public sector design build set forth in the answer to question 12 above apply to the private sector?
To date neither the State Education Department nor NYSSPE have provided specific guidance for design build practice in the private sector beyond the use of a three way contract agreement as detailed in this FAQ. When additional guidance is available NYSSPE will provide updated information.
Comments
- Steve says April 16, 2018 at 8:54 pm
What authority is the answer to question 1 based upon? I believe there is case law that states a Design Build method is permissible in New York, and I don’t think the case requires a 3 party contract.
Do the regulations allow for a NY licensed professional engineering firm with a COA to subcontract to a professional engineering firm that it not licensed in NY and that does not have a COA?
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