§ 627 — Definitions

§ 627. Definitions. As used or referred to in this article:\n 1. "Alternative project delivery contract" means any project delivery\nmethod authorized by this article, including construction manager build,\nconstruction manager at risk, and design-build, pursuant to which one or\nmore contracts for the provision of design or construction management\nand construction services are awarded pursuant to an open and\ncompetitive method of procurement, as specified in section six hundred\nthirty-four of this article.\n 2. "Best value" means the basis for awarding contracts for services to\na proposer that optimizes quality, cost and efficiency, price and\nperformance criteria, which may include, but is not limited to:\n (a) the quality of the proposer's performance on previous projects;\n (b) the timeliness of the proposer's performance on previous projects;\n (c) the level of customer satisfaction with the proposer's performance\non previous projects;\n (d) the proposer's record of performing previous projects on budget\nand ability to minimize cost overruns;\n (e) the proposer's ability to limit change orders;\n (f) the proposer's ability to prepare appropriate project plans;\n (g) the proposer's technical capacities;\n (h) the individual qualifications of the proposer's key personnel;\n (i) the proposer's ability to assess and manage risk and minimize risk\nimpact;\n (j) the proposer's financial capability;\n (k) the proposer's ability to comply with applicable requirements,\nincluding the provisions of articles one hundred forty-five, one hundred\nforty-seven and one hundred forty-eight of the education law;\n (l) the proposer's past record of compliance with federal laws, state\nand local laws, rules, licensing requirements, where applicable, and\nexecutive orders, including, but not limited to, section three of the\nfederal housing and urban development act of nineteen hundred\nsixty-eight, as amended, or any successor provision, article fifteen-A\nof the executive law, any other applicable laws concerning minority- and\nwomen-owned business enterprise participation, the labor law, and any\nother applicable labor and prevailing wage laws;\n (m) the proposer's record of complying with existing labor standards,\nmaintaining harmonious labor relations, and protecting the health and\nsafety of workers and payment of wages above any locally-defined living\nwage;\n (n) a quantitative factor to be used in evaluation of bids or offers\nfor awarding of contracts for bidders or offerors that are certified as\nminority or women owned business enterprises pursuant to article\nfifteen-A of the executive law or certified pursuant to section thirteen\nhundred four of the New York city charter as minority or women owned\nbusiness enterprises, or where the bidder is a joint venture including\nat least one such certified firm. Where the trust identifies a\nquantitative factor pursuant to this paragraph, the trust shall specify\nthat businesses certified as minority or women owned business\nenterprises pursuant to article fifteen-A of the executive law as well\nas those certified as minority or women owned business enterprises\npursuant to section thirteen hundred four of the New York city charter,\nor joint ventures including at least one such certified firm, are\neligible to qualify for such factor. Nothing in this paragraph shall be\nconstrued to require that such businesses be concurrently certified as\nminority or women owned business enterprises under such article and such\nsection to qualify for such quantitative factor; and\n (o) a quantitative factor to be used in evaluation of bids or offers\nfor awarding of contracts for bidders or offerors that provide economic\nopportunities for low and very low-income persons in accordance with\nsection three of the federal housing and urban development act of\nnineteen hundred sixty-eight, as amended, where applicable, or any\nsuccessor provision. Such basis shall reflect, wherever possible,\nobjective and quantifiable analysis.\n 3. "Board" means the board of trustees of the trust.\n 4. "City" means the city of New York.\n 5. "Construction manager at risk" means a project delivery method\nwhereby a construction manager:\n (a) serves as part of a team in conjunction with the owner in the\ndesign phase of the project;\n (b) during the construction phase, acts as general contractor for\nagreed upon compensation as set forth in the construction manager at\nrisk agreement; and\n (c) assumes the risk of construction costs exceeding an amount\nspecified in the construction manager at risk agreement.\n 6. "Construction manager build" means a project delivery method\nwhereby a construction manager, following a declaration of a disaster by\nthe governor or state of emergency by the mayor pursuant to article\ntwo-B of the executive law or chapter one of title three of the\nadministrative code of the city of New York, or following an independent\ncost estimate and a concurrence by NYCHA that construction work is\nrequired at a housing facility to remedy defects to bring the housing\nfacility into decent, safe, and sanitary condition:\n (a) serves as part of a team in conjunction with the owner in the\ndesign phase of the project;\n (b) under the oversight of the owner acts as the single source of\nresponsibility to bid, select and hold construction contracts on behalf\nof the owner during the construction phase; and\n (c) manages the construction project on behalf of the owner.\n 7. "Cost plus" means compensating a contractor for the cost to\ncomplete a contract by reimbursing actual costs for labor, equipment and\nmaterials plus an additional amount for overhead and profit.\n 8. "Design-build" means a project delivery method for the design and\nconstruction of a project with a single entity, which may be a team\ncomprised of separate entities.\n 9. "Ground lease" means the written instrument pursuant to which NYCHA\ntransfers to the trust its leasehold interest in its housing facilities\nand ancillary personal property.\n 10. "Housing facilities" means the land and buildings thereon owned or\noperated by NYCHA and the improvements made to such land and buildings\nfor use in connection with development or operation of dwelling\naccommodations for low-income families.\n 11. "Low-income families" means low-, very low-, and extremely\nlow-income families as defined in paragraph two of subsection (b) of\nsection 1437a of title forty-two of the United States code or any\nsuccessor provision.\n 12. "Mayor" means the mayor of the city of New York.\n 13. "NYCHA" means the New York city housing authority.\n 14. "NYCHA board" means the members of NYCHA appointed pursuant to\nsubdivision three of section four hundred two of this chapter.\n 15. "NYCHA CEO" means the chief executive officer of NYCHA who serves\npursuant to NYCHA's by-laws.\n 16. "NYCHA CFO" means the chief financial officer of NYCHA who serves\npursuant to NYCHA's by-laws.\n 17. "Other residents" means residents who are:\n (a) residents of a housing facility on the date NYCHA transfers such\nfacility to the trust but are not low-income families, as defined in\nthis section, on the date of such transfer;\n (b) low-income families, as defined in this section, and residents of\na housing facility on the date NYCHA transfers such facility to the\ntrust but who, subsequent to such transfer and during the course of the\ntenancies of such residents, no longer satisfy the definition of\nlow-income families; or\n (c) low-income families, as defined in this section, upon commencement\nof their tenancies in a housing facility operated by the trust but who,\nduring the course of the tenancies of such residents, do not satisfy the\ndefinition of low-income families.\n 18. "Project labor agreement" shall have the same meaning as described\nin section two hundred twenty-two of the labor law.\n 19. "Resident" means a natural person whose lawful primary residence\nis a dwelling unit in a housing facility.\n 20. "Trust" means the New York city public housing preservation trust.\n 21. "Voting process" means the process that shall be undertaken at a\nparticular housing facility before the trust may transfer, convey,\nassign, mortgage, pledge or otherwise encumber any interest in, or\npermit or suffer any transfer, conveyance, assignment, mortgage, pledge\nor other encumbrance of any interest in such housing facility. The\nvoting process shall be further defined as set forth in requirements\npromulgated pursuant to section six hundred thirty of this article.\n