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THURSDAY, NOVEMBER 3, 2022

THE CITY RECORD

Time Extensions Time extensions under the DBAs are not subject to the Board of Time Extension approval as set forth in PPB Rule 4-03, but the DBA will provide that determinations with regard to time extensions are final and binding. The design-builders are entitled to time relief pursuant to specific relief events enumerated in the DBAs. There are specific events for which design-builder is only entitled to time extensions Relief Events and other events, referred to as Compensable Relief Events, where the design-builder may be entitled to compensation in addition to time. Subject to the requirements set forth in the DBA, the designbuilder can seek a time extension due to a Relief Event and that request may be granted upon review by the agency of the designbuilders time impact analysis, among other documentation, showing how the specific Relief Event has delayed the projects critical path.
The determination as to whether the design-builder is entitled to time relief is made by agency representative and must be approved by the ACCO. However, this decision is not subject to the Board of Time Extension. Furthermore, the decision as to whether the design-builder is entitled to an extension of time to the guaranteed substantial completion date, or another milestone date, can occur, at any time during the project duration, and not only at substantial completion, provided that the Relief Event that has caused the delay has ended.
Resolution of Disputes Arising Out of Contract Administration Disputes under the DBA are subject to a different dispute resolution procedure than what is currently provided for in Section 4-09 of the PPB Rules. Each design-build project has its own Disputes Review Board DRB, which is created at the beginning of a project.
Depending on the size of the project, the DRB may consist of one or three members. All disputes, unless they are ineligible disputes, must go through the DRB process.
The DBA sets out specific timelines for each step of the DRB process, resulting in a DRB recommendation being issued as early as 60 days after the submission of the notice of dispute by either the agency or design-builder, provided no extensions are requested and agreed to by both parties. The recommendation of the DRB is non-binding and both the agency and the design-builder must respond within 15 business days of the DRB determination by either accepting or rejecting the DRBs recommendation. Except as noted below, if the agency and the design-builder cannot come to an agreement on a dispute following the DRBs recommendation, the design-builder may commence a plenary action on such dispute.
If the agency determines that the design-builder is in default, such decision also is subject to the DRB process except in cases of criminal or ethical defaults. However, following the DRBs recommendation, the design-builders only recourse is a proceeding pursuant to Article 78 of the New York State Civil Practice Law and Rules. Additionally, the agencys determination of design-builder defaults on ethical or criminal basis is not subject to the DRB process.
1. Why this method serves the Citys interest better than the current Rules The design-build project delivery method is an important tool for the Citys procurement process and has seen increasing widespread adoption throughout the United States. The design-build method combines into a single contract both the design and construction services. Design-build projects allow a single entity to be responsible for all phases of the project, including design and construction, with the goal of reducing costs and expediting project delivery while maintaining the required quality and compliance. This innovative method enables the City to award such contracts on the basis of best value and also provides the City with the option to make multiple additional awards to a short-list of proposers, increasing the competition and quality of proposers. The method operationalizes the authority granted to certain City agencies pursuant to New York State law. The current PPB rules do not contemplate the necessary multi-step process to procure both design and construction services, as described above.
2. The time within which this method will be implemented and utilized To date, DDC has awarded and registered eight 8 design-build contracts; however only one design-build project has been in the contract administration stage for more than a year; the NTPs for the remaining design-build projects have been issued in the last five to four months. So far, the design-build project delivery method has been successful for the City; however, due to the extensive and labor and time intensive procurement process, and the limited experience DDC
has administering these contracts, DDC is requesting a new innovative procurement approval under PPB 3-12 so that it can further examine and evaluate the design-build method before proposing rule changes to the PPB. In particular, the City needs more time to examine how design-build contracts are administered.
Finally, feedback from other City agencies, once they have their own experience in procuring, awarding, and administering design-build contracts should be taken into consideration before rule changes to the PPB, which will impact all City agencies using the design-build method, are implemented.

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The method will be in use until there are codified PPB rules addressing these procedures, the time period to utilize such innovative procurement method elapses, or the authority granted pursuant to New York State law elapses, whichever occurs first.
3. Description of services to be procured and approximate dollar value of contracts This method will be utilized by agencies to procure design-build services, and any services incidental thereto, in connection with certain public works as authorized by State Law. The value of the projects procured under the New York City Public Works Investment Act must be either 1 not less than $10 million, 2 not less than $1.2 million if the project primarily consists of a pedestrian ramps and similar infrastructure to improve access to sidewalks in the City to improve access for people with disabilities, b renovation and construction of cultural institutions located on publicly owned real property and of public libraries in the City; or c security infrastructure, including bollards, planters and other physical structures, designed to protect life and property from acts of terror or mass violence, or 3 not less than $1.2 million if the project is a 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.
Based on the above, it is proposed that innovative method constitutes an appropriate procurement method under Section 3-12 of the Procurement Policy Board Rules.
NYC DDC would like to give this opportunity to accept comments and expressions of interest on this proposed method. Comments and expressions of interest may be emailed no later than November 30, 2022, to Michael Ransom, at Ransommi@ddc.nyc.gov.
The first planned procurement to the Design Build Project Delivery Method will be for Murphy Brothers Playground Comfort Station, EPIN: 85023I0009.

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OFFICE OF THE MAYOR
NOTICE

EMERGENCY EXECUTIVE ORDER NO. 91
May 8, 2022
WHEREAS, the public safety was imperiled by a flash flood emergency caused by the remnants of Hurricane Ida that flooded roads, impacted mass transit, stranded motorists, and caused widespread damage to residential and commercial buildings throughout the City, causing unsafe conditions in those buildings and imperiling health and safety; and WHEREAS, the state of emergency to address the remnants of Hurricane Ida, first declared in Emergency Executive Order No.
230, issued on September 1, 2021, and last extended by Emergency Executive Order No. 85, issued on April 28, 2022, remains in effect;
NOW THEREFORE, by the power vested in me as Mayor of the City of New York, pursuant to law, including Executive Law 24:
Section 1. I hereby direct that section 1 of Emergency Executive Order No. 88, dated May 3, 2022, is extended for five 5 days.
2. I hereby direct, in accordance with section 25 of the Executive Law, section 612 of the New York Civil Service Law, and subdivision 5.1.1 of section 1 of rule 5 of the Department of Citywide Administrative Services Personnel Rules and Regulations of the City of New York, that the City Cleanup Corps and staff from any agency, as designated by their Agency Head, shall assist the Commissioner of Emergency Management to carry out the directives set forth in this Order. The Commissioner of Emergency Management is further directed to take all necessary steps required to carry out the directives set forth in this Order.
3. This Emergency Executive Order shall take effect immediately and shall remain in effect for five 5 days unless it is terminated or modified, at an earlier date.
Eric Adams Mayor

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EMERGENCY EXECUTIVE ORDER NO. 92

May 13, 2022

WHEREAS, the COVID-19 pandemic has severely impacted New York City and its economy, and is addressed effectively only by joint action of the City, State, and Federal governments; and WHEREAS, the state of emergency to address the threat and impacts of COVID-19 in the City of New York first declared in