2023 New York Laws › PBG - Public Housing › Article 15 - New York City Public Housing Preservation Trust › 627 - Definitions.

§ 627. Definitions. As used or referred to in this article:
1.  "Alternative project delivery contract" means any project delivery
method authorized by this article, including construction manager build,
construction manager at risk, and design-build, pursuant to which one or
more contracts for the provision of design  or  construction  management
and   construction   services  are  awarded  pursuant  to  an  open  and
competitive method of procurement, as specified in section  six  hundred
thirty-four of this article.
2. "Best value" means the basis for awarding contracts for services to
a  proposer  that  optimizes  quality,  cost  and  efficiency, price and
performance criteria, which may include, but is not limited to:
(a) the quality of the proposer's performance on previous projects;
(b) the timeliness of the proposer's performance on previous projects;
(c) the level of customer satisfaction with the proposer's performance
on previous projects;
(d) the proposer's record of performing previous  projects  on  budget
and ability to minimize cost overruns;
(e) the proposer's ability to limit change orders;
(f) the proposer's ability to prepare appropriate project plans;
(g) the proposer's technical capacities;
(h) the individual qualifications of the proposer's key personnel;
(i) the proposer's ability to assess and manage risk and minimize risk
impact;
(j) the proposer's financial capability;
(k)  the  proposer's  ability  to comply with applicable requirements,
including the provisions of articles one hundred forty-five, one hundred
forty-seven and one hundred forty-eight of the education law;
(l) the proposer's past record of compliance with federal laws,  state
and  local  laws,  rules,  licensing requirements, where applicable, and
executive orders, including, but not limited to, section  three  of  the
federal   housing   and   urban  development  act  of  nineteen  hundred
sixty-eight, as amended, or any successor provision,  article  fifteen-A
of the executive law, any other applicable laws concerning minority- and
women-owned  business  enterprise  participation, the labor law, and any
other applicable labor and prevailing wage laws;
(m) the proposer's record of complying with existing labor  standards,
maintaining  harmonious  labor  relations, and protecting the health and
safety of workers and payment of wages above any locally-defined  living
wage;
(n)  a  quantitative factor to be used in evaluation of bids or offers
for awarding of contracts for bidders or offerors that are certified  as
minority  or  women  owned  business  enterprises  pursuant  to  article
fifteen-A of the executive law or certified pursuant to section thirteen
hundred four of the New York city charter as  minority  or  women  owned
business  enterprises,  or where the bidder is a joint venture including
at  least  one  such  certified  firm.  Where  the  trust  identifies  a
quantitative  factor pursuant to this paragraph, the trust shall specify
that  businesses  certified  as  minority  or   women   owned   business
enterprises  pursuant  to article fifteen-A of the executive law as well
as those certified as  minority  or  women  owned  business  enterprises
pursuant  to section thirteen hundred four of the New York city charter,
or joint ventures including  at  least  one  such  certified  firm,  are
eligible  to qualify for such factor. Nothing in this paragraph shall be
construed to require that such businesses be concurrently  certified  as
minority or women owned business enterprises under such article and such
section to qualify for such quantitative factor; and
(o)  a  quantitative factor to be used in evaluation of bids or offers
for awarding of contracts for bidders or offerors that provide  economic

opportunities  for  low  and  very low-income persons in accordance with
section three of the  federal  housing  and  urban  development  act  of
nineteen  hundred  sixty-eight,  as  amended,  where  applicable, or any
successor  provision.  Such  basis  shall  reflect,  wherever  possible,
objective and quantifiable analysis.
3. "Board" means the board of trustees of the trust.
4. "City" means the city of New York.
5. "Construction manager at risk"  means  a  project  delivery  method
whereby a construction manager:
(a)  serves  as  part  of  a team in conjunction with the owner in the
design phase of the project;
(b) during the construction phase,  acts  as  general  contractor  for
agreed  upon  compensation  as  set forth in the construction manager at
risk agreement; and
(c) assumes  the  risk  of  construction  costs  exceeding  an  amount
specified in the construction manager at risk agreement.
6.  "Construction  manager  build"  means  a  project  delivery method
whereby a construction manager, following a declaration of a disaster by
the governor or state of emergency by  the  mayor  pursuant  to  article
two-B  of  the  executive  law  or  chapter  one  of  title three of the
administrative code of the city of New York, or following an independent
cost estimate and a concurrence  by  NYCHA  that  construction  work  is
required  at  a  housing facility to remedy defects to bring the housing
facility into decent, safe, and sanitary condition:
(a) serves as part of a team in conjunction  with  the  owner  in  the
design phase of the project;
(b)  under  the  oversight  of  the owner acts as the single source of
responsibility to bid, select and hold construction contracts on  behalf
of the owner during the construction phase; and
(c) manages the construction project on behalf of the owner.
7.  "Cost  plus"  means  compensating  a  contractor  for  the cost to
complete a contract by reimbursing actual costs for labor, equipment and
materials plus an additional amount for overhead and profit.
8. "Design-build" means a project delivery method for the  design  and
construction  of  a  project  with  a single entity, which may be a team
comprised of separate entities.
9. "Ground lease" means the written instrument pursuant to which NYCHA
transfers to the trust its leasehold interest in its housing  facilities
and ancillary personal property.
10. "Housing facilities" means the land and buildings thereon owned or
operated  by  NYCHA and the improvements made to such land and buildings
for  use  in  connection  with  development  or  operation  of  dwelling
accommodations for low-income families.
11.  "Low-income  families"  means  low-,  very  low-,  and  extremely
low-income families as defined in paragraph two  of  subsection  (b)  of
section  1437a  of  title  forty-two  of  the  United States code or any
successor provision.
12. "Mayor" means the mayor of the city of New York.
13. "NYCHA" means the New York city housing authority.
14. "NYCHA board" means the members of  NYCHA  appointed  pursuant  to
subdivision three of section four hundred two of this chapter.
15.  "NYCHA CEO" means the chief executive officer of NYCHA who serves
pursuant to NYCHA's by-laws.
16. "NYCHA CFO" means the chief financial officer of NYCHA who  serves
pursuant to NYCHA's by-laws.
17. "Other residents" means residents who are:
(a)  residents  of a housing facility on the date NYCHA transfers such
facility to the trust but are not low-income  families,  as  defined  in
this section, on the date of such transfer;
(b)  low-income families, as defined in this section, and residents of
a housing facility on the date NYCHA  transfers  such  facility  to  the
trust  but who, subsequent to such transfer and during the course of the
tenancies of  such  residents,  no  longer  satisfy  the  definition  of
low-income families; or
(c) low-income families, as defined in this section, upon commencement
of  their tenancies in a housing facility operated by the trust but who,
during the course of the tenancies of such residents, do not satisfy the
definition of low-income families.
18. "Project labor agreement" shall have the same meaning as described
in section two hundred twenty-two of the labor law.
19. "Resident" means a natural person whose lawful  primary  residence
is a dwelling unit in a housing facility.
20. "Trust" means the New York city public housing preservation trust.
21.  "Voting  process" means the process that shall be undertaken at a
particular housing facility  before  the  trust  may  transfer,  convey,
assign,  mortgage,  pledge  or  otherwise  encumber  any interest in, or
permit or suffer any transfer, conveyance, assignment, mortgage,  pledge
or  other  encumbrance  of  any  interest  in such housing facility. The
voting process shall be further defined as  set  forth  in  requirements
promulgated pursuant to section six hundred thirty of this article.