Res. No. 886
Resolution calling on the New York State Legislature to introduce and pass, and the New York State Governor to sign, legislation to grant permanent and expanded Design-Build authority to all New York City agencies
By Council Members Lee, Louis, Restler and Banks
Whereas, Every year, New York City (NYC) manages billions of dollars in capital construction projects related to things such as infrastructure, schools, parks, and housing; and
Whereas, To complete these projects, NYC utilizes a range of project delivery methods, one of which is the use of Design-Build; and
Whereas, Design-Build is a project delivery method that combines two, usually separate services into a single contract to allow owners to execute a single, fixed-fee contract for both architectural and engineering services as well as construction; and
Whereas, Under this method, the design-builder assumes responsibility for the majority of the design work and all construction activities, along with the risks that come with providing these services; and
Whereas, The NYC Department of Transportation (DOT) states that Design-Build is a way to streamline decision-making, facilitate more transparent partnerships with designers, contractors, and other stakeholders, improve the quality of project delivery, and create pathways to increased innovation and sustainable solutions; and
Whereas, In February of 2025, the City announced that it was saving 50 years of project time and $1.4 billion on 42 current capital projects that are utilizing Design-Build, with projects on track to be completed faster and with an anticipated 10 percent cost savings compared to projects using the traditional lowest-bidder system; and
Whereas, To build on this success, the City is expanding the use of Design-Build for 46 additional projects that are in planning and procurement across several NYC agencies; and
Whereas, Despite the positives that have been seen using Design-Build for project delivery, under New York State (NYS) law, a limited number of NYC agencies, including the Department of Design and Construction, Department of Environmental Protection, DOT, Department of Parks and Recreation, Health and Hospitals Corporation, School Construction Authority, and NYC Housing Authority, are allowed to use Design-Build in their projects; and
Whereas, As a result, NYC agencies without the authority to use Design-Build in their projects may continue to face delays, cost overruns, and procurement challenges under outdated delivery models; and
Whereas, To ensure projects are performed more efficiently to meet current infrastructure, climate, and housing needs in NYC, NYS should implement legislation that would allow all NYC agencies to utilize Design-Build in their projects; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Legislature to introduce and pass, and the New York State Governor to sign, legislation to grant permanent and expanded Design-Build authority to all New York City agencies.
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LS 19329
5/22/25