Chapter 55: Department of Design and Construction

Section 1200.

Section 1200. Department; commissioner.

There shall be a department of design and construction, the head of which shall be the commissioner of design and construction.

Section 1201.

Section 1201. Deputies.

The commissioner may appoint five deputies.

Section 1202.

Section 1202. Powers and duties of the commissioner.

1. Except as otherwise required by state or federal law or by direction of the mayor pursuant to subdivision b of this section, and notwithstanding any inconsistent provision of this charter or the administrative code, the commissioner shall have charge and control of and be responsible for functions and operations and shall exercise powers of the city relating to city construction projects. Such projects shall include but not be limited to the design, construction and alteration of streets and highways, bridges and tunnels, parks and recreational facilities, sewers and sewage disposal plants, water supply and distribution structures, waste management facilities, correctional facilities and all other public buildings, structures and facilities. The commissioner shall also perform responsibilities as the mayor shall direct with respect to the acquisition of real or personal property in connection with construction or a capital project, including responsibilities delegated elsewhere by the charter or the administrative code, provided that the acquisition of real property shall be made in the same manner as acquisitions made pursuant to subdivision three of section sixteen hundred two of this charter.
2. Notwithstanding any inconsistent provision of this section, the mayor may assign in whole or in part operations and functions related to a particular construction project or particular category or class of construction projects to an agency other than the department of design and construction, if the mayor determines that it is appropriate for such other agency to perform such operations and functions.

Section 1203.

Section 1203. Consultation with other agencies.

In preparing and considering plans and specifications and in carrying out such plans or specifications, the department shall consult with agencies for whose use the building, structure or facility is intended and shall consider any recommendations made by such agencies.

Section 1204.

Section 1204. Right of entry.

The commissioner, officers and employees of the department may, in accordance with applicable law, enter upon public or private property for the purpose of making surveys, test pits and borings or other investigations necessary for the exercise of the powers or the performance of the duties of the department. Refusal by the owner or the agent of such owner to permit such entry shall be a misdemeanor and punishable by not more than thirty days’ imprisonment or a fine of not more than five hundred dollars, or both.

Section 1205.

Section 1205. Powers and duties of other agencies.

1. Where state or federal law designates an agency other than the department of design and construction to perform a function that would otherwise be within the jurisdiction of the department of design and construction pursuant to subdivision a of section twelve hundred two of this chapter, such agency shall delegate such function to the department of design and construction if such delegation may be made consistent with applicable provisions of state or federal law.
2. Wherever the powers and duties of an agency other than the department of design and construction as set forth in the charter or the administrative code include city construction projects within the jurisdiction of the commissioner of design and construction pursuant to subdivision a of section twelve hundred two of this chapter, such powers and duties shall be deemed to be within the jurisdiction of the department of design and construction and shall be exercised by such department; provided that such other agency may exercise such powers and duties pursuant to subdivision b of such section or where required by state or federal law.

Section 1206.

Section 1206. Mentoring program.

1. The department of design and construction may establish a mentoring program for small businesses and minority and women owned business enterprises that have been certified pursuant to section thirteen hundred four of the charter in the construction trades. The department of design and construction may determine the criteria pursuant to which a business shall be eligible for and selected as a mentee business participating in the components of such a program under paragraph c of subdivision five of this section, the number of mentee businesses to participate in each such component of such a program, the criteria for the competitive selection of the firms that will provide mentoring services, and the assignment of a mentor to a specific mentee business.
2. The department of design and construction shall be authorized, notwithstanding any other provision of law:

   a. to designate which eligible contracts shall be mentoring program contracts under subparagraphs one and two of paragraph c of subdivision five of this section, respectively;

   b. to establish standards for qualifying mentee businesses to compete for a mentoring program contract, provided that no less than two qualified mentee businesses in the program must submit responsive offers to perform the contract;

   c. to determine when bids or proposals for a mentoring program contract should be restricted to mentee businesses that, prior to the receipt of bids or proposals, have been qualified for such competition;

   d. to competitively select, designate and contract with one or more experienced firms that, under the general supervision of the department of design and construction, will provide mentoring services to the mentee businesses, and to assign such mentors one or more designated mentee businesses;

   e. to assist mentee businesses that have been awarded mentoring program contracts to obtain any surety bond or contract of insurance required of them in connection with such contract only, notwithstanding any provision of section two thousand five hundred four of the insurance law to the contrary; and

   f. in addition to the benefits of such program and notwithstanding any other provision of law, to provide mentee businesses technical assistance in obtaining bid, payment and performance bonding for contracts that are not mentoring program contracts, for which the businesses are otherwise qualified.

3. If the total number of qualified mentee businesses that respond to a competition and are considered capable of meeting the specifications and terms of the invitation to compete is less than two, or if the department of design and construction determines that acceptance of the best offer will result in the payment of an unreasonable price, the department of design and construction shall reject all offers and withdraw the designation of the contract as a mentoring program contract. If the department of design and construction withdraws the designation of the contract as a mentoring program contract, the mentee businesses, if any, that made offers shall be notified.
4. A mentor shall provide services and assistance to a mentee business as designated by the department of design and construction, which may include the following:

   a. provide business training in the skills necessary to operate a successful business and to compete for and perform a contract;

   b. provide technical assistance to the mentee business to assess the outcome if the mentee business competes for but is not awarded a contract;

   c. if the mentoring program contract is awarded to the mentee business, provide guidance, advice and technical assistance to the mentee business in the performance of the contract; and

   d. provide other technical assistance to the mentee business to facilitate learning, training and other issues which may arise.

5. As used in this section:

   a. “Small business” means a business which (1) is independently owned and operated; and (2) has annual revenues not exceeding a fiscal limitation of five million dollars or such lesser amount as established by the department of design and construction pursuant to this section.

   b. “Mentoring program contract” means a contract designated by the department of design and construction, in an estimated amount of not more than one million five hundred thousand dollars for contracts under subparagraph one of paragraph c of this subdivision and three million dollars for contracts under subparagraph two of such paragraph, for which bids or proposals are to be invited and accepted only from businesses that are enrolled in a mentoring program and have been selected by the department of design and construction to compete for the contract.

   c. “Mentoring program” is a program established pursuant to this section to provide mentee businesses with the opportunity:

      (1)    or up to four years, to compete for and, where awarded, to perform certain contracts designated for inclusion in the mentoring program, with the assistance of a competitively selected mentor firm that has extensive management and mentoring experience, with the mentor providing the mentee business with advice and assistance in competing for and managing contracts; and

      (2) for a mentee business that the department of design and construction has determined has successfully completed the program under subparagraph one of this paragraph, for up to four additional years, (A) additional opportunities to compete with other designated mentee businesses in the program for certain contracts to be designated for inclusion under this subparagraph and, where awarded, to perform such contracts, with the further assistance of a competitively selected mentor firm that has extensive management and mentoring experience, with the mentor providing the mentee with advice and technical assistance in competing for and managing contracts, and (B) assistance, as determined by the department of design and construction, for such a mentee business to obtain bonding for contracts that are competitively awarded pursuant to any other provision of law.

6. Commencing on October first, two thousand twenty, the department of design and construction shall submit an annual report to the governor and the legislature that contains the following information for the preceding city fiscal year:

   a. the total number and total dollar value of mentoring program contracts; and

   b. mentoring program participation rates.