Senate Bill S5065

2013-2014 Legislative Session

Transfers control of the Yonkers educational construction fund board to the mayor of the city of Yonkers

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2013	recommit, enacting clause stricken
May 23, 2013	print number 5065b
May 23, 2013	amend (t) and recommit to education
May 15, 2013	print number 5065a
May 15, 2013	amend and recommit to education
May 07, 2013	referred to education

Bill Amendments

Original

B (Active)

2013-S5065 - Details

Law Section:: Education Law
Laws Affected:: Amd §§477, 482 & 486; add §478-a, Ed L

2013-S5065 - Summary

Transfers control of the Yonkers educational construction fund board to the mayor of the city of Yonkers; relates to the requirements for public bidding in conjunction with and the rate of building aid for the construction, reconstruction, rehabilitation or improvement of educational facilities in the city of Yonkers; broadens the scope of educational facilities for such construction, reconstruction, rehabilitation or improvement.

2013-S5065 - Sponsor Memo

                                BILL NUMBER:S5065

TITLE OF BILL:  An act to amend the education law, in relation to
transferring control of the Yonkers educational construction fund
board to the mayor of the city of Yonkers; in relation to the
requirements for public bidding in conjunction with and the rate of
building aid for the construction, reconstruction, rehabilitation or
improvement of educational facilities in the city of Yonkers; and in
relation to broadening the scope of educational facilities for such
construction, reconstruction, rehabilitation or improvement

PURPOSE: Transfers control of the Yonkers educational construction
fund board to the mayor of the city of Yonkers.

SUMMARY OF PROVISIONS: Section 1. Subdivision 1 of section 477 of the
education law, as added by chapter 931 of the laws of 1971, is amended
to read as follows:

1. There is hereby created the "city of Yonkers educational
construction fund." The fund shall be a corporate governmental agency
constituting a public benefit corporation. It shall be administered by
a board of trustees consisting of the mayor of the city of Yonkers,
the chairperson of the board of education of the city of Yonkers, the
city council president, the city council majority leader, the city
council minority leader, and four trustees appointed by the mayor of
the city of Yonkers, two of which shall be members of the board of

education of the city of Yonkers. The mayor, the chairperson of the
board of education, and the trustees who are members of the city
council shall serve during their terms of office and the trustees
appointed by the mayor shall serve at the pleasure of the mayor. The
fund shall elect its own chairperson from among its members.

§ 2. Subdivisions 1, 2 and 2-a of section 482 of the education law, as
added by chapter 931 of the laws of 1971, are amended to read as
follows:

1. Notwithstanding the provisions of any general, special, or local
law to the contrary, any contract entered into by the fund or by any
letting agency on behalf of the fund for the construction,
reconstruction, rehabilitation or improvement pursuant to section 478
of the education law shall be awarded pursuant to public bidding in
compliance with section 103 of the general municipal law or, in order
to foster major investment in combined occupancy structures and school
buildings and to deliver quality products and services that are
beneficial to the city and the city school district and the public
they serve, on the basis of factors other than cost alone, including,
but not limited to, adherence to facility design, quality and
durability or materials, energy efficiency, incorporating systems and
approaches which provide maximum facility value using the best current
development, construction, leasing, and financing techniques
available, and maximization of state building aid, and such a contract
may be entered into pursuant to the following provisions for the award
of a contract based on evaluation of proposals submitted in response
to a request for proposals prepared by or for the fund:

(A) The fund shall require that each such proposal to be submitted
shall include information relating to the identity and experience of


the proposer, its general contractor, its heating and plumbing
contractor, its electrical contractor, its design firm, if any, and
the ability of the proposer to secure adequate financing, including
the identification of the firm, if any, that will be used for
financing the project and specification of all elements of cost which
would become a charge to the city or the city school district or both,
in whatever form, in return for the fulfillment by the proposer of all
tasks and responsibilities established by the request for the proposal
for the full lifetime of a proposed contract, including, as
appropriate, but not limited to the cost of planning, design,
construction, financing, and ownership of such combined occupancy
structure or school building and such other information as the fund
may determine to have a material bearing on its ability to evaluate
any proposal for such combined occupancy structure or school building,
including the use of a portion of the facility or of the site by
government and not-for-profit entities providing services to the
students and the public and including an agreement that the proposer,
if awarded the contract, will not change the general contractor, the
plumbing and heating contractor, the electrical contractor, the design
firm, or the financial firm identified in its proposal without the
concurrence of the fund.

(B) Prior to the issuance of a request for proposals pursuant to this
act, the fund shall publish a notice of such issuance in the official
newspaper of the city, if any, and in at least one newspaper of
general circulation. Concurrent with the publication of such notice, a
draft request for proposals shall be filed with the fund. After
allowing a thirty day comment period and an additional ten days to
review such comments, the fund may publish the final request for
proposals and, concurrent with such publication, shall publish a
notice of such issuance in the manner specified in this paragraph.
Concurrent with the publication of the final request for proposals, a
set of comments filed in relation to the draft request for proposals
and findings related to the substantive elements of such comments
shall be filed along with the request for proposals with the fund and
in the public library or libraries in proximity to the proposed
combined occupancy structure or school building site.

(C) Proposals received in response to such request for proposals shall
be evaluated by the fund, taking into account the maximization of
state building aid, as to net cost and in a manner consistent with
provisions set forth in the request for proposals, may be evaluated on
the basis of additional factors, including, but not limited to,
facility design incorporating systems and approaches which provide
maximum facility value at the lowest possible cost using the best
current development life cycle costs, construction, reconstruction,
leasing and financing techniques available, and use of the combined
occupancy structure or school building and site by government and
not-for-profit entities providing services to students and the public.

(D) The fund may make a contract award to any responsible proposer
selected based on a determination by fund that the selected proposal
is most responsive to the request for proposals and may negotiate with
any proposer; provided, however, that if an award is made to any
proposer whose total proposal does not provide the lowest net cost,
taking into account the maximization of state building aid, the fund
shall adopt a resolution after public hearing which includes


particularized findings relevant to factors evaluated, indicating that
the fund's requirements are met by such award and that such action is
in the public interest. Such contract may be a single guaranteed
maximum price contract or utilize a full construction management
contract approach or other appropriate approach to designing and
constructing the project.

§ 3. Section 486 of the education law, as added by chapter 931 of the
laws of 1971, is amended so that the following is added as new
subsection 3:

3. Notwithstanding any other provision of law to the contrary,
building aid for reconstruction projects undertaken pursuant to this
article shall be calculated at a rate that is no less than the average
building aid ratio for reconstruction projects undertaken pursuant to
chapter 605 of the laws of 2000, as amended, chapter 416 of the laws
of 2007, as amended, and chapter 58 of the laws of 2006, as amended,
with respect to reconstruction projects for the city school districts
of the cities of Buffalo, Rochester and Syracuse.

§ 4. Article 10-B of the education law, as added by chapter 931 of the
laws of 1971, is amended so that the following is added as new section
478-a:

478-a. School Buildings. Notwithstanding any other provision of law to
the contrary, the powers of the fund pursuant to this Article 10-B
with respect to combined occupancy structures shall extend to school
buildings to the same extent and under the same terms as provided by
this Article 10-B, including but not limited to the power to design,
construct, acquire, reconstruct, rehabilitate and improve any school
building now or hereafter in existence.

JUSTIFICATION: The fact that school buildings in the City of Yonkers
are in serious need of repair and renovation has been well known for
some time. The average facility is 73 years old with the oldest
building having been constructed 118 years ago. Nine out of 39 of the
Yonkers Public School Districts are over 95 years old. Yet, outside
the most basic of maintenance, the buildings have seen little capital
investment in decades.

At present, the Yonkers Public Schools requires $1.7 Billion in
infrastructure work. Of this, more than $300 million is needed
immediately just to bring schools up to current health and safety
standards.

This dire situation has been faced by other districts in the Big 5 as
well, in particular the cities of Buffalo, Rochester and Syracuse.
However, each of these cities is currently benefitting from special
state legislation that has allowed them to undertake full,
district-wide renovation programs that are bringing their building
stock into the 21st century including technological upgrades needed
for today's learning environment. Indeed, Buffalo is nearing
completion of its fifth phase of renovation totaling more than $1
billion while Syracuse is about to start its second phase and
Rochester is well into its first phase.


Unfortunately, Yonkers is being left behind its counterparts, mainly
because the school aid formula for capital construction does not fund
Yonkers at a level close to that of Buffalo, Rochester and Syracuse.
This is patently unfair to Yonkers students, especially since out of
these districts, Yonkers is the only one with projected enrollment
growth.

This legislation would create a school renovation program for the City
of Yonkers by retooling the existing Yonkers educational construction
fund. The newly construed board would have a broadened scope to
renovate existing educational facilities. In addition, state aid for
this reconstruction would be based on an average of the aid provided
to Buffalo, Rochester and Syracuse for their programs. This would give
Yonkers parity with these districts.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately

2013-S5065 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5065

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  transferring  control
  of the Yonkers educational construction fund board to the mayor of the
  city of Yonkers; in relation to the requirements for public bidding in
  conjunction  with  and  the rate of building aid for the construction,
  reconstruction, rehabilitation or improvement of  educational  facili-
  ties  in  the city of Yonkers; and in relation to broadening the scope
  of educational facilities for such construction, reconstruction, reha-
  bilitation or improvement

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 477 of the education law, as added
by chapter 931 of the laws of 1971, is amended to read as follows:
  1.   There   is  hereby  created  the  "city  of  Yonkers  educational
construction fund." The fund shall be a  corporate  governmental  agency
constituting a public benefit corporation. It shall be administered by a
board  of  trustees  consisting  of  the [chairman] MAYOR OF THE CITY OF
YONKERS, THE CHAIRPERSON of the board of education of the city of  Yonk-
ers,  [four members of such board appointed by the president thereof and
four members appointed by the mayor of the city of Yonkers. The chairman
of the board of education shall be the chairman of the fund. The  chair-
man]  THE  CITY COUNCIL PRESIDENT, THE CITY COUNCIL MAJORITY LEADER, THE
CITY COUNCIL MINORITY LEADER, AND FOUR TRUSTEES APPOINTED BY  THE  MAYOR
OF  THE  CITY  OF  YONKERS, TWO OF WHOM SHALL BE MEMBERS OF THE BOARD OF
EDUCATION OF THE CITY OF YONKERS. THE  MAYOR,  THE  CHAIRPERSON  OF  THE
BOARD  OF  EDUCATION,  and the trustees who are members of the [board of
education] CITY COUNCIL shall serve during their  terms  of  office  [as
chairman  and  members,  respectively,  of  the  board of education. The
members first appointed by the mayor shall serve for terms  ending  two,
three,  four  and  five  years,  respectively,  from  the  date of their

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10706-01-3

S. 5065                             2

appointment. Their successors shall serve for terms of five years  each]
AND  THE  TRUSTEES APPOINTED BY THE MAYOR SHALL SERVE AT THE PLEASURE OF
THE MAYOR. THE FUND SHALL ELECT  ITS  OWN  CHAIRPERSON  FROM  AMONG  ITS
MEMBERS.
  S  2.  Subdivisions  1, 2 and 2-a of section 482 of the education law,
subdivision 1 as added by chapter 931 of the laws of 1971,  subdivisions
2  as  amended and 2-a as added by section 6 of part MM of chapter 57 of
the laws of 2008, are amended to read as follows:
  1. [Any contract let by the fund or by any letting agency on behalf of
the  fund  for  the  construction,  reconstruction,  rehabilitation   or
improvement  of  a combined occupancy structure or of the school portion
thereof, shall be in conformity  with  the  provisions  of  section  one
hundred one of the general municipal law.
  2.  Except  as otherwise provided in section two hundred twenty-two of
the labor law, every contract, lease or other agreement entered into  by
or  on  behalf  of  the  fund  for the acquisition, lease, construction,
reconstruction, rehabilitation or improvement of any combined  occupancy
structure  shall  contain  a provision that, when the entire cost of any
such  contemplated  construction,  reconstruction,   rehabilitation   or
improvement  shall  exceed  three million dollars in the counties of the
Bronx, Kings, New York, Queens, and Richmond; one million  five  hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and
five  hundred  thousand  dollars in all other counties within the state,
separate specifications shall be prepared for the following three subdi-
visions of the work to be performed:
  a. Plumbing and gas fitting;
  b. Steam heating, hot water heating, ventilating and air  conditioning
apparatus; and
  c. Electric wiring and standard illuminating fixtures.
  Such  specifications  shall  be  drawn  so as to permit the letting of
separate and independent contracts for each of the above three  subdivi-
sions  of  work. Except as otherwise provided by the public housing law,
the provisions of which shall apply when the developer  is  the  Yonkers
city  housing authority, every developer or general contractor undertak-
ing the construction, reconstruction, rehabilitation or  improvement  of
any  such  combined occupancy structure pursuant to or in furtherance of
the provisions of this article  shall  let  separate  contracts  to  the
lowest responsible bidder for the three subdivisions of the above speci-
fied  work to persons, firms or corporations approved by the chairman of
the fund as being qualified, responsible and reliable bidders engaged in
these classes of work. All such qualified bidders engaged in  the  above
specified  work shall be entitled to bid and to receive, upon request, a
copy of the plans and specifications. All such bids shall  be  submitted
to the fund and shall be opened publicly at a stated time and place.
  2-a.  Each  bidder on a public work contract, where the preparation of
separate specifications is not required, shall submit  with  its  bid  a
separate  sealed list that names each subcontractor that the bidder will
use to perform work on the contract, and the agreed-upon  amount  to  be
paid  to  each,  for: a. plumbing and gas fitting, b. steam heating, hot
water heating, ventilating and air conditioning apparatus and c.   elec-
tric  wiring  and  standard  illuminating fixtures. After the low bid is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and thereafter any change of subcontractor or agreed-upon amount  to  be
paid  to  each  shall  require  the approval of the public owner, upon a
showing presented to the public owner of  legitimate  construction  need

S. 5065                             3

for  such  change,  which shall be open to public inspection. Legitimate
construction need shall include, but not be  limited  to,  a  change  in
project  specifications,  a  change  in  construction  material costs, a
change  to  subcontractor status as determined pursuant to paragraph (e)
of subdivision two of section two hundred twenty-two of the  labor  law,
or  the subcontractor has become otherwise unwilling, unable or unavail-
able to perform the subcontract.  The  sealed  lists  of  subcontractors
submitted  by all other bidders shall be returned to them unopened after
the contract award.] NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  GENERAL,
SPECIAL,  OR LOCAL LAW TO THE CONTRARY, ANY CONTRACT ENTERED INTO BY THE
FUND  OR  BY  ANY  LETTING  AGENCY  ON  BEHALF  OF  THE  FUND  FOR   THE
CONSTRUCTION,  RECONSTRUCTION, REHABILITATION OR IMPROVEMENT PURSUANT TO
SECTION FOUR HUNDRED SEVENTY-EIGHT OF THE EDUCATION LAW SHALL BE AWARDED
PURSUANT TO PUBLIC BIDDING IN COMPLIANCE WITH SECTION ONE HUNDRED  THREE
OF  THE GENERAL MUNICIPAL LAW OR, IN ORDER TO FOSTER MAJOR INVESTMENT IN
COMBINED OCCUPANCY STRUCTURES AND SCHOOL BUILDINGS AND TO DELIVER QUALI-
TY PRODUCTS AND SERVICES THAT ARE BENEFICIAL TO THE CITY  AND  THE  CITY
SCHOOL DISTRICT AND THE PUBLIC THEY SERVE, ON THE BASIS OF FACTORS OTHER
THAN  COST  ALONE,  INCLUDING, BUT NOT LIMITED TO, ADHERENCE TO FACILITY
DESIGN, QUALITY AND DURABILITY OR MATERIALS, ENERGY EFFICIENCY, INCORPO-
RATING SYSTEMS AND APPROACHES WHICH PROVIDE MAXIMUM FACILITY VALUE USING
THE BEST CURRENT DEVELOPMENT, CONSTRUCTION, LEASING, AND FINANCING TECH-
NIQUES AVAILABLE, AND MAXIMIZATION OF STATE BUILDING  AID,  AND  SUCH  A
CONTRACT  MAY  BE  ENTERED INTO PURSUANT TO THE FOLLOWING PROVISIONS FOR
THE AWARD OF A CONTRACT BASED ON EVALUATION OF  PROPOSALS  SUBMITTED  IN
RESPONSE TO A REQUEST FOR PROPOSALS PREPARED BY OR FOR THE FUND:
  A.  THE  FUND  SHALL  REQUIRE  THAT EACH SUCH PROPOSAL TO BE SUBMITTED
SHALL INCLUDE INFORMATION RELATING TO THE IDENTITY AND EXPERIENCE OF THE
PROPOSER, ITS GENERAL CONTRACTOR, ITS HEATING AND  PLUMBING  CONTRACTOR,
ITS  ELECTRICAL  CONTRACTOR, ITS DESIGN FIRM, IF ANY, AND THE ABILITY OF
THE PROPOSER TO SECURE ADEQUATE FINANCING, INCLUDING THE  IDENTIFICATION
OF  THE  FIRM,  IF  ANY, THAT WILL BE USED FOR FINANCING THE PROJECT AND
SPECIFICATION OF ALL ELEMENTS OF COST WHICH WOULD BECOME A CHARGE TO THE
CITY OR THE CITY SCHOOL DISTRICT OR BOTH, IN WHATEVER  FORM,  IN  RETURN
FOR  THE  FULFILLMENT  BY THE PROPOSER OF ALL TASKS AND RESPONSIBILITIES
ESTABLISHED BY THE REQUEST FOR THE PROPOSAL FOR THE FULL LIFETIME  OF  A
PROPOSED  CONTRACT,  INCLUDING,  AS  APPROPRIATE, BUT NOT LIMITED TO THE
COST OF PLANNING, DESIGN, CONSTRUCTION, FINANCING, AND OWNERSHIP OF SUCH
COMBINED OCCUPANCY STRUCTURE OR SCHOOL BUILDING AND SUCH OTHER  INFORMA-
TION AS THE FUND MAY DETERMINE TO HAVE A MATERIAL BEARING ON ITS ABILITY
TO EVALUATE ANY PROPOSAL FOR SUCH COMBINED OCCUPANCY STRUCTURE OR SCHOOL
BUILDING,  INCLUDING THE USE OF A PORTION OF THE FACILITY OR OF THE SITE
BY GOVERNMENT AND NOT-FOR-PROFIT  ENTITIES  PROVIDING  SERVICES  TO  THE
STUDENTS AND THE PUBLIC AND INCLUDING AN AGREEMENT THAT THE PROPOSER, IF
AWARDED  THE CONTACT, WILL NOT CHANGE THE GENERAL CONTRACTOR, THE PLUMB-
ING AND HEATING CONTRACTOR, THE ELECTRICAL CONTRACTOR, THE DESIGN  FIRM,
OR THE FINANCIAL FIRM IDENTIFIED IN ITS PROPOSAL WITHOUT THE CONCURRENCE
OF THE FUND.
  B.  PRIOR  TO THE ISSUANCE OF A REQUEST FOR PROPOSALS PURSUANT TO THIS
SECTION, THE FUND SHALL PUBLISH A NOTICE OF SUCH ISSUANCE IN  THE  OFFI-
CIAL  NEWSPAPER  OF  THE  CITY, IF ANY, AND IN AT LEAST ONE NEWSPAPER OF
GENERAL CIRCULATION. CONCURRENT WITH THE PUBLICATION OF SUCH  NOTICE,  A
DRAFT REQUEST FOR PROPOSALS SHALL BE FILED WITH THE FUND. AFTER ALLOWING
A  THIRTY  DAY  COMMENT PERIOD AND AN ADDITIONAL TEN DAYS TO REVIEW SUCH
COMMENTS, THE FUND MAY PUBLISH THE  FINAL  REQUEST  FOR  PROPOSALS  AND,
CONCURRENT  WITH  SUCH PUBLICATION, SHALL PUBLISH A NOTICE OF SUCH ISSU-

S. 5065                             4

ANCE IN THE MANNER SPECIFIED IN  THIS  PARAGRAPH.  CONCURRENT  WITH  THE
PUBLICATION  OF THE FINAL REQUEST FOR PROPOSALS, A SET OF COMMENTS FILED
IN RELATION TO THE DRAFT REQUEST FOR PROPOSALS AND FINDINGS  RELATED  TO
THE  SUBSTANTIVE ELEMENTS OF SUCH COMMENTS SHALL BE FILED ALONG WITH THE
REQUEST FOR PROPOSALS WITH  THE  FUND  AND  IN  THE  PUBLIC  LIBRARY  OR
LIBRARIES  IN  PROXIMITY TO THE PROPOSED COMBINED OCCUPANCY STRUCTURE OR
SCHOOL BUILDING  SITE.
  C. PROPOSALS RECEIVED IN RESPONSE TO SUCH REQUEST FOR PROPOSALS  SHALL
BE  EVALUATED BY THE FUND, TAKING INTO ACCOUNT THE MAXIMIZATION OF STATE
BUILDING AID, AS TO NET COST AND IN A MANNER CONSISTENT WITH  PROVISIONS
SET FORTH IN THE REQUEST FOR PROPOSALS, MAY BE EVALUATED ON THE BASIS OF
ADDITIONAL  FACTORS,  INCLUDING,  BUT  NOT  LIMITED  TO, FACILITY DESIGN
INCORPORATING SYSTEMS AND  APPROACHES  WHICH  PROVIDE  MAXIMUM  FACILITY
VALUE  AT  THE  LOWEST  POSSIBLE COST USING THE BEST CURRENT DEVELOPMENT
LIFE CYCLE COSTS, CONSTRUCTION, RECONSTRUCTION,  LEASING  AND  FINANCING
TECHNIQUES  AVAILABLE,  AND  USE  OF THE COMBINED OCCUPANCY STRUCTURE OR
SCHOOL BUILDING AND  SITE  BY  GOVERNMENT  AND  NOT-FOR-PROFIT  ENTITIES
PROVIDING SERVICES TO STUDENTS AND THE PUBLIC.
  D.  THE  FUND  MAY  MAKE  A CONTRACT AWARD TO ANY RESPONSIBLE PROPOSER
SELECTED BASED ON A  DETERMINATION  BY  THE    FUND  THAT  THE  SELECTED
PROPOSAL IS MOST RESPONSIVE TO THE REQUEST FOR PROPOSALS AND MAY NEGOTI-
ATE  WITH  ANY  PROPOSER; PROVIDED, HOWEVER, THAT IF AN AWARD IS MADE TO
ANY PROPOSER WHOSE TOTAL PROPOSAL DOES NOT PROVIDE THE LOWEST NET  COST,
TAKING  INTO  ACCOUNT  THE  MAXIMIZATION OF STATE BUILDING AID, THE FUND
SHALL ADOPT A RESOLUTION AFTER PUBLIC HEARING WHICH INCLUDES PARTICULAR-
IZED FINDINGS RELEVANT TO FACTORS EVALUATED, INDICATING THAT THE  FUND'S
REQUIREMENTS ARE MET BY SUCH AWARD AND THAT SUCH ACTION IS IN THE PUBLIC
INTEREST.  SUCH  CONTRACT  MAY  BE  A  SINGLE  GUARANTEED  MAXIMUM PRICE
CONTRACT OR UTILIZE A FULL CONSTRUCTION MANAGEMENT CONTRACT APPROACH  OR
OTHER APPROPRIATE APPROACH TO DESIGNING AND CONSTRUCTING THE PROJECT.
  S  3.  Section  486  of  the  education law is amended by adding a new
subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  BUILD-
ING  AID FOR RECONSTRUCTION PROJECTS UNDERTAKEN PURSUANT TO THIS ARTICLE
SHALL BE CALCULATED AT A RATE THAT IS NO LESS THAN THE AVERAGE  BUILDING
AID RATIO FOR RECONSTRUCTION PROJECTS UNDERTAKEN PURSUANT TO CHAPTER SIX
HUNDRED  FIVE  OF  THE  LAWS  OF  TWO THOUSAND, AS AMENDED, CHAPTER FOUR
HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND SEVEN, AS AMENDED, AND CHAP-
TER FIFTY-EIGHT OF THE LAWS  OF  TWO  THOUSAND  SIX,  AS  AMENDED,  WITH
RESPECT  TO RECONSTRUCTION PROJECTS FOR THE CITY SCHOOL DISTRICTS OF THE
CITIES OF BUFFALO, ROCHESTER AND SYRACUSE.
  S 4. The education law is amended by adding a  new  section  478-a  to
read as follows:
  S  478-A. SCHOOL BUILDINGS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, THE POWERS OF THE FUND PURSUANT TO  THIS  ARTICLE  WITH
RESPECT  TO  COMBINED OCCUPANCY STRUCTURES SHALL EXTEND TO SCHOOL BUILD-
INGS TO THE SAME EXTENT AND UNDER THE SAME TERMS  AS  PROVIDED  BY  THIS
ARTICLE,  INCLUDING  BUT  NOT LIMITED TO THE POWER TO DESIGN, CONSTRUCT,
ACQUIRE, RECONSTRUCT, REHABILITATE AND IMPROVE ANY SCHOOL  BUILDING  NOW
OR HEREAFTER IN EXISTENCE.
  S 5. This act shall take effect immediately.

2013-S5065A - Details

Law Section:: Education Law
Laws Affected:: Amd §§477, 482 & 486; add §478-a, Ed L

2013-S5065A - Summary

2013-S5065A - Sponsor Memo

                                BILL NUMBER:S5065A

TITLE OF BILL:  An act to amend the education law, in relation to
transferring control of the Yonkers educational construction fund
board to the mayor of the city of Yonkers; in relation to the
requirements for public bidding in conjunction with and the rate of
building aid for the construction, reconstruction, rehabilitation or
improvement of educational facilities in the city of Yonkers; and in
relation to broadening the scope of educational facilities for such
construction, reconstruction, rehabilitation or improvement

PURPOSE:

Transfers control of the Yonkers educational construction fund board
to the mayor of the city of Yonkers.

SUMMARY OF PROVISIONS:

Section 1 Subdivision 1 of section 477 of the education law, as added
by chapter 931 of the laws of 1971, is amended to read as follows:

1. There is hereby created the "city of Yonkers educational
construction fund." The fund shall be a corporate governmental agency
constituting a public benefit corporation. It shall be administered by
a board of trustees consisting of the mayor of the city of Yonkers,
the chairperson of the board of education of the city of Yonkers, the

city council president, the city council majority leader, the city
council minority leader, and four trustees appointed by the mayor of
the city of Yonkers, two of which shall be members of the board of
education of the city of Yonkers. The mayor, the chairperson of the
board of education, and the trustees who are members of the city
council shall serve during their terms of office and the trustees
appointed by the mayor shall serve at the pleasure of the mayor The
fund shall elect its own chairperson from among its members

§ 2, Subdivisions 1, 2 and 2-a of section 482 of the education law, as
added by chapter 931 of the laws of 1971, are amended to read as
follows:

1. (Notwithstanding the provisions of any general, special, or local
law to the contrary, any contract entered into by the fund or by any
letting agency on behalf of the fund for the construction,
reconstruction, rehabilitation or improvement pursuant to section 478
of the education law shall be awarded pursuant to public bidding in
compliance with section 103 of the general municipal law or, in order
to foster major investment in combined occupancy structures and school
buildings and to deliver quality products and services that are
beneficial to the city and the city school district and the public
they serve, on the basis of factors other than cost alone, including,
but not limited to, adherence to facility design, quality and
durability or materials, energy efficiency, incorporating systems and
approaches which provide maximum facility value using the best current
development, construction, leasing, and financing techniques
available, and maximization of state building aid, and such a contract
may be entered into pursuant to the following provisions for the award
of a contract based on evaluation of proposals submitted in response
to a request for proposals prepared by or for the fund:


(A) The fund shall require that each such proposal to be submitted
shall include information relating to the identity and experience of
the proposer, its general contractor, its heating and plumbing
contractor, its electrical contractor, its design firm, if any, and
the ability of the proposer to secure adequate financing, including
the identification of the firm, if any, that will be used for
financing the project and specification of all elements of cost which
would become a charge to the city or the city school district or both,
in whatever form, in return for the fulfillment by the proposer of all
tasks and responsibilities established by the request for the proposal
for the full lifetime of a proposed contract, including, as
appropriate, but not limited to the cost of planning, design,
construction, financing, and ownership of such combined occupancy
structure or school building and such other information as the fund
may determine to have a material bearing on its ability to evaluate
any proposal for such combined occupancy structure or school building,
including the use of a portion of the facility or of the site by
government and not-for-profit entities providing services to the
students and the public and including an agreement that the proposer,
if awarded the contract, will not change the general contractor, the
plumbing and heating contractor, the electrical contractor, the design
firm, or the financial firm identified in its proposal without the
concurrence of the fund

(B) Prior to the issuance of a request for proposals pursuant to this
act, the fund shall publish a notice of such issuance in the official
newspaper of the city, if any, and in at least one newspaper of
general circulation. Concurrent with the publication of such notice, a
draft request for proposals shall be filed with the fund. After
allowing a thirty day comment period and an additional ten days to
review such comments, the fund may publish the final request for
proposals and, concurrent with such publication, shall publish a
notice of such issuance in the manner specified in this paragraph.
Concurrent with the publication of the final request for proposals, a
set of comments filed in relation to the draft request for proposals
and findings related to the substantive elements of such comments
shall be filed along with the request for proposals with the fund and
in the public library or libraries in proximity to the proposed
combined occupancy structure or school building site.

(C) Proposals received in response to such request for proposals shall
be evaluated by the fund, taking into account the maximization of
state building aid, as to net cost and in a manner consistent with
provisions set forth in the request for proposals, may be evaluated on
the basis of additional factors, including, but not limited to,
facility design incorporating systems and approaches which provide
maximum facility value at the lowest possible cost using the best
current development life cycle costs, construction, reconstruction,
leasing and financing techniques available, and use of the combined
occupancy structure or school building and site by government and
not-for-profit entities providing services to students and the public.

(D) The fund may make a contract award to any responsible proposer
selected based on a determination by fund that the selected proposal
is most responsive to the request for proposals and may negotiate with
any proposer.; provided, however, that if an award is made to any
proposer whose total proposal does not provide the lowest net cost,


taking into account the maximization of state building aid, the fund
shall adopt a resolution after public hearing which includes
particularized findings relevant to factors evaluated, indicating that
the fund's requirements are met by such award and that such action is
in the public interest. Such contract may be a single guaranteed
maximum price contract or utilize a full construction management
contract approach or other appropriate approach to designing and
constructing the project.

2. The fund may require a contractor awarded a contract enter into a
"Project Labor Agreement" during and for the work involved with such
project when such requirement is part of the fund's "Request of
Proposal".

§ 3. Section 486 of the education law, as added by chapter 931 of the
laws of 1971, is amended so that the following is added as new
subsection 3:  3 Notwithstanding any other provision of law to the
contrary, building aid for reconstruction projects undertaken pursuant
to this article shall be calculated at a rate that is no less than the
average building aid ratio for reconstruction projects undertaken
pursuant to chapter 605 of the laws of 2000, as amended, chapter 416
of the laws of 2007, as amended, and chapter 58 of the laws of 2006,
as amended, with respect to reconstruction projects for the city
school districts of the cities of Buffalo, Rochester and Syracuse.

§ 4 Article 10-B of the education law, as added by chapter 931 of the
laws of 1971, is amended so that the following is added as new section
478-a:  478-a. School Buildings Notwithstanding any other provision of
law to the contrary, the powers of the fund pursuant to this Article
10-B with respect to combined occupancy structures shall extend to
school buildings to the same extent and under the same terms as
provided by this Article 10-B, including but not limited to the power
to design, construct, acquire, reconstruct, rehabilitate and improve
any school building now or hereafter in existence.

JUSTIFICATION:

The fact that school buildings in the City of Yonkers are in serious
need of repair and renovation has been well known for some time. The
average facility is 73 years old with the oldest building having been
constructed 118 years ago. Nine out of 39 of the Yonkers Public School
Districts are over 95 years old. Yet, outside the most basic of
maintenance, the buildings have seen little capital investment in
decades.

At present, the Yonkers Public Schools requires $1.7 Billion in
infrastructure work. Of this, more than $300 million is needed
immediately just to bring schools up to current health and safety
standards.

This dire situation has been faced by other districts in the Big 5 as
well, in particular the cities of Buffalo, Rochester and Syracuse.
However, each of these cities is currently benefitting from special
state legislation that has allowed them to undertake full,
district-wide renovation programs that are bringing their building
stock into the 21St century including technological upgrades needed
for today's learning environment. Indeed, Buffalo is nearing


completion of its fifth phase of renovation totaling more than $1
billion while Syracuse is about to start its second phase and
Rochester is well into its first phase.

Unfortunately, Yonkers is being left behind its counterparts, mainly
because the school aid formula for capital construction does not fund
Yonkers at a level close to that of Buffalo, Rochester and Syracuse.
This is patently unfair to Yonkers students, especially since out of
these districts, Yonkers is the only one with projected enrollment
growth.

This legislation would create a school renovation program for the City
of Yonkers by retooling the existing Yonkers educational construction
fund. The newly construed board would have a broadened scope to
renovate existing educational facilities. In addition, state aid for
this reconstruction would be based on an average of the aid provided
to Buffalo, Rochester and Syracuse for their programs. This would give
Yonkers parity with these districts.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

To be determined

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately

2013-S5065A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5065--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the education law, in relation to transferring control
  of the Yonkers educational construction fund board to the mayor of the
  city of Yonkers; in relation to the requirements for public bidding in
  conjunction with and the rate of building aid  for  the  construction,
  reconstruction,  rehabilitation  or improvement of educational facili-
  ties in the city of Yonkers; and in relation to broadening  the  scope
  of educational facilities for such construction, reconstruction, reha-
  bilitation or improvement

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 477 of the education law, as added
by chapter 931 of the laws of 1971, is amended to read as follows:
  1.  There  is  hereby  created  the  "city  of   Yonkers   educational
construction  fund."  The  fund shall be a corporate governmental agency
constituting a public benefit corporation. It shall be administered by a
board of trustees consisting of the [chairman]  MAYOR  OF  THE  CITY  OF
YONKERS,  THE CHAIRPERSON of the board of education of the city of Yonk-
ers, [four members of such board appointed by the president thereof  and
four members appointed by the mayor of the city of Yonkers. The chairman
of  the board of education shall be the chairman of the fund. The chair-
man] THE CITY COUNCIL PRESIDENT, THE CITY COUNCIL MAJORITY  LEADER,  THE
CITY  COUNCIL  MINORITY LEADER, AND FOUR TRUSTEES APPOINTED BY THE MAYOR
OF THE CITY OF YONKERS, TWO OF WHOM SHALL BE MEMBERS  OF  THE  BOARD  OF
EDUCATION  OF  THE  CITY  OF  YONKERS. THE MAYOR, THE CHAIRPERSON OF THE
BOARD OF EDUCATION, and the trustees who are members of  the  [board  of
education]  CITY  COUNCIL  shall  serve during their terms of office [as
chairman and members, respectively,  of  the  board  of  education.  The

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10706-02-3

S. 5065--A                          2

members  first  appointed by the mayor shall serve for terms ending two,
three, four and  five  years,  respectively,  from  the  date  of  their
appointment.  Their successors shall serve for terms of five years each]
AND  THE  TRUSTEES APPOINTED BY THE MAYOR SHALL SERVE AT THE PLEASURE OF
THE MAYOR. THE FUND SHALL ELECT  ITS  OWN  CHAIRPERSON  FROM  AMONG  ITS
MEMBERS.
  S  2.  Subdivisions  1, 2 and 2-a of section 482 of the education law,
subdivision 1 as added by chapter 931 of the laws of 1971,  subdivisions
2  as  amended and 2-a as added by section 6 of part MM of chapter 57 of
the laws of 2008, are amended to read as follows:
  1. [Any contract let by the fund or by any letting agency on behalf of
the  fund  for  the  construction,  reconstruction,  rehabilitation   or
improvement  of  a combined occupancy structure or of the school portion
thereof, shall be in conformity  with  the  provisions  of  section  one
hundred one of the general municipal law.
  2.  Except  as otherwise provided in section two hundred twenty-two of
the labor law, every contract, lease or other agreement entered into  by
or  on  behalf  of  the  fund  for the acquisition, lease, construction,
reconstruction, rehabilitation or improvement of any combined  occupancy
structure  shall  contain  a provision that, when the entire cost of any
such  contemplated  construction,  reconstruction,   rehabilitation   or
improvement  shall  exceed  three million dollars in the counties of the
Bronx, Kings, New York, Queens, and Richmond; one million  five  hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and
five  hundred  thousand  dollars in all other counties within the state,
separate specifications shall be prepared for the following three subdi-
visions of the work to be performed:
  a. Plumbing and gas fitting;
  b. Steam heating, hot water heating, ventilating and air  conditioning
apparatus; and
  c. Electric wiring and standard illuminating fixtures.
  Such  specifications  shall  be  drawn  so as to permit the letting of
separate and independent contracts for each of the above three  subdivi-
sions  of  work. Except as otherwise provided by the public housing law,
the provisions of which shall apply when the developer  is  the  Yonkers
city  housing authority, every developer or general contractor undertak-
ing the construction, reconstruction, rehabilitation or  improvement  of
any  such  combined occupancy structure pursuant to or in furtherance of
the provisions of this article  shall  let  separate  contracts  to  the
lowest responsible bidder for the three subdivisions of the above speci-
fied  work to persons, firms or corporations approved by the chairman of
the fund as being qualified, responsible and reliable bidders engaged in
these classes of work. All such qualified bidders engaged in  the  above
specified  work shall be entitled to bid and to receive, upon request, a
copy of the plans and specifications. All such bids shall  be  submitted
to the fund and shall be opened publicly at a stated time and place.
  2-a.  Each  bidder on a public work contract, where the preparation of
separate specifications is not required, shall submit  with  its  bid  a
separate  sealed list that names each subcontractor that the bidder will
use to perform work on the contract, and the agreed-upon  amount  to  be
paid  to  each,  for: a. plumbing and gas fitting, b. steam heating, hot
water heating, ventilating and air conditioning apparatus and c.   elec-
tric  wiring  and  standard  illuminating fixtures. After the low bid is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and thereafter any change of subcontractor or agreed-upon amount  to  be

S. 5065--A                          3

paid  to  each  shall  require  the approval of the public owner, upon a
showing presented to the public owner of  legitimate  construction  need
for  such  change,  which shall be open to public inspection. Legitimate
construction  need  shall  include,  but  not be limited to, a change in
project specifications, a  change  in  construction  material  costs,  a
change  to  subcontractor status as determined pursuant to paragraph (e)
of subdivision two of section two hundred twenty-two of the  labor  law,
or  the subcontractor has become otherwise unwilling, unable or unavail-
able to perform the subcontract.  The  sealed  lists  of  subcontractors
submitted  by all other bidders shall be returned to them unopened after
the contract award.] NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  GENERAL,
SPECIAL,  OR LOCAL LAW TO THE CONTRARY, ANY CONTRACT ENTERED INTO BY THE
FUND  OR  BY  ANY  LETTING  AGENCY  ON  BEHALF  OF  THE  FUND  FOR   THE
CONSTRUCTION,  RECONSTRUCTION, REHABILITATION OR IMPROVEMENT PURSUANT TO
SECTION FOUR HUNDRED SEVENTY-EIGHT OF  THIS  ARTICLE  SHALL  BE  AWARDED
PURSUANT  TO PUBLIC BIDDING IN COMPLIANCE WITH SECTION ONE HUNDRED THREE
OF THE GENERAL MUNICIPAL LAW OR, IN ORDER TO FOSTER MAJOR INVESTMENT  IN
COMBINED OCCUPANCY STRUCTURES AND SCHOOL BUILDINGS AND TO DELIVER QUALI-
TY  PRODUCTS  AND  SERVICES THAT ARE BENEFICIAL TO THE CITY AND THE CITY
SCHOOL DISTRICT AND THE PUBLIC THEY SERVE, ON THE BASIS OF FACTORS OTHER
THAN COST ALONE, INCLUDING, BUT NOT LIMITED TO,  ADHERENCE  TO  FACILITY
DESIGN, QUALITY AND DURABILITY OR MATERIALS, ENERGY EFFICIENCY, INCORPO-
RATING SYSTEMS AND APPROACHES WHICH PROVIDE MAXIMUM FACILITY VALUE USING
THE BEST CURRENT DEVELOPMENT, CONSTRUCTION, LEASING, AND FINANCING TECH-
NIQUES  AVAILABLE,  AND  MAXIMIZATION  OF STATE BUILDING AID, AND SUCH A
CONTRACT MAY BE ENTERED INTO PURSUANT TO THE  FOLLOWING  PROVISIONS  FOR
THE  AWARD  OF  A CONTRACT BASED ON EVALUATION OF PROPOSALS SUBMITTED IN
RESPONSE TO A REQUEST FOR PROPOSALS PREPARED BY OR FOR THE FUND:
  A. THE FUND SHALL REQUIRE THAT EACH  SUCH  PROPOSAL  TO  BE  SUBMITTED
SHALL INCLUDE INFORMATION RELATING TO THE IDENTITY AND EXPERIENCE OF THE
PROPOSER,  ITS  GENERAL CONTRACTOR, ITS HEATING AND PLUMBING CONTRACTOR,
ITS ELECTRICAL CONTRACTOR, ITS DESIGN FIRM, IF ANY, AND THE  ABILITY  OF
THE  PROPOSER TO SECURE ADEQUATE FINANCING, INCLUDING THE IDENTIFICATION
OF THE FIRM, IF ANY, THAT WILL BE USED FOR  FINANCING  THE  PROJECT  AND
SPECIFICATION OF ALL ELEMENTS OF COST WHICH WOULD BECOME A CHARGE TO THE
CITY  OR  THE  CITY SCHOOL DISTRICT OR BOTH, IN WHATEVER FORM, IN RETURN
FOR THE FULFILLMENT BY THE PROPOSER OF ALL  TASKS  AND  RESPONSIBILITIES
ESTABLISHED  BY  THE REQUEST FOR THE PROPOSAL FOR THE FULL LIFETIME OF A
PROPOSED CONTRACT, INCLUDING, AS APPROPRIATE, BUT  NOT  LIMITED  TO  THE
COST OF PLANNING, DESIGN, CONSTRUCTION, FINANCING, AND OWNERSHIP OF SUCH
COMBINED  OCCUPANCY STRUCTURE OR SCHOOL BUILDING AND SUCH OTHER INFORMA-
TION AS THE FUND MAY DETERMINE TO HAVE A MATERIAL BEARING ON ITS ABILITY
TO EVALUATE ANY PROPOSAL FOR SUCH COMBINED OCCUPANCY STRUCTURE OR SCHOOL
BUILDING, INCLUDING THE USE OF A PORTION OF THE FACILITY OR OF THE  SITE
BY  GOVERNMENT  AND  NOT-FOR-PROFIT  ENTITIES  PROVIDING SERVICES TO THE
STUDENTS AND THE PUBLIC AND INCLUDING AN AGREEMENT THAT THE PROPOSER, IF
AWARDED THE CONTACT, WILL NOT CHANGE THE GENERAL CONTRACTOR, THE  PLUMB-
ING  AND HEATING CONTRACTOR, THE ELECTRICAL CONTRACTOR, THE DESIGN FIRM,
OR THE FINANCIAL FIRM IDENTIFIED IN ITS PROPOSAL WITHOUT THE CONCURRENCE
OF THE FUND.
  B. PRIOR TO THE ISSUANCE OF A REQUEST FOR PROPOSALS PURSUANT  TO  THIS
SECTION,  THE  FUND SHALL PUBLISH A NOTICE OF SUCH ISSUANCE IN THE OFFI-
CIAL NEWSPAPER OF THE CITY, IF ANY, AND IN AT  LEAST  ONE  NEWSPAPER  OF
GENERAL  CIRCULATION.  CONCURRENT WITH THE PUBLICATION OF SUCH NOTICE, A
DRAFT REQUEST FOR PROPOSALS SHALL BE FILED WITH THE FUND. AFTER ALLOWING
A THIRTY DAY COMMENT PERIOD AND AN ADDITIONAL TEN DAYS  TO  REVIEW  SUCH

S. 5065--A                          4

COMMENTS,  THE  FUND  MAY  PUBLISH  THE FINAL REQUEST FOR PROPOSALS AND,
CONCURRENT WITH SUCH PUBLICATION, SHALL PUBLISH A NOTICE OF  SUCH  ISSU-
ANCE  IN  THE  MANNER  SPECIFIED  IN THIS PARAGRAPH. CONCURRENT WITH THE
PUBLICATION  OF THE FINAL REQUEST FOR PROPOSALS, A SET OF COMMENTS FILED
IN RELATION TO THE DRAFT REQUEST FOR PROPOSALS AND FINDINGS  RELATED  TO
THE  SUBSTANTIVE ELEMENTS OF SUCH COMMENTS SHALL BE FILED ALONG WITH THE
REQUEST FOR PROPOSALS WITH  THE  FUND  AND  IN  THE  PUBLIC  LIBRARY  OR
LIBRARIES  IN  PROXIMITY TO THE PROPOSED COMBINED OCCUPANCY STRUCTURE OR
SCHOOL BUILDING  SITE.
  C. PROPOSALS RECEIVED IN RESPONSE TO SUCH REQUEST FOR PROPOSALS  SHALL
BE  EVALUATED BY THE FUND, TAKING INTO ACCOUNT THE MAXIMIZATION OF STATE
BUILDING AID, AS TO NET COST AND IN A MANNER CONSISTENT WITH  PROVISIONS
SET FORTH IN THE REQUEST FOR PROPOSALS, MAY BE EVALUATED ON THE BASIS OF
ADDITIONAL  FACTORS,  INCLUDING,  BUT  NOT  LIMITED  TO, FACILITY DESIGN
INCORPORATING SYSTEMS AND  APPROACHES  WHICH  PROVIDE  MAXIMUM  FACILITY
VALUE  AT  THE  LOWEST  POSSIBLE COST USING THE BEST CURRENT DEVELOPMENT
LIFE CYCLE COSTS, CONSTRUCTION, RECONSTRUCTION,  LEASING  AND  FINANCING
TECHNIQUES  AVAILABLE,  AND  USE  OF THE COMBINED OCCUPANCY STRUCTURE OR
SCHOOL BUILDING AND  SITE  BY  GOVERNMENT  AND  NOT-FOR-PROFIT  ENTITIES
PROVIDING SERVICES TO STUDENTS AND THE PUBLIC.
  D.  THE  FUND  MAY  MAKE  A CONTRACT AWARD TO ANY RESPONSIBLE PROPOSER
SELECTED BASED ON A  DETERMINATION  BY  THE    FUND  THAT  THE  SELECTED
PROPOSAL IS MOST RESPONSIVE TO THE REQUEST FOR PROPOSALS AND MAY NEGOTI-
ATE  WITH  ANY  PROPOSER; PROVIDED, HOWEVER, THAT IF AN AWARD IS MADE TO
ANY PROPOSER WHOSE TOTAL PROPOSAL DOES NOT PROVIDE THE LOWEST NET  COST,
TAKING  INTO  ACCOUNT  THE  MAXIMIZATION OF STATE BUILDING AID, THE FUND
SHALL ADOPT A RESOLUTION AFTER PUBLIC HEARING WHICH INCLUDES PARTICULAR-
IZED FINDINGS RELEVANT TO FACTORS EVALUATED, INDICATING THAT THE  FUND'S
REQUIREMENTS ARE MET BY SUCH AWARD AND THAT SUCH ACTION IS IN THE PUBLIC
INTEREST.  SUCH  CONTRACT  MAY  BE  A  SINGLE  GUARANTEED  MAXIMUM PRICE
CONTRACT OR UTILIZE A FULL CONSTRUCTION MANAGEMENT CONTRACT APPROACH  OR
OTHER APPROPRIATE APPROACH TO DESIGNING AND CONSTRUCTING THE PROJECT.
  2.  THE FUND MAY REQUIRE A CONTRACTOR AWARDED A CONTRACT TO ENTER INTO
A PROJECT LABOR AGREEMENT DURING AND FOR THE  WORK  INVOLVED  WITH  SUCH
PROJECT  WHEN  SUCH  REQUIREMENT  IS  PART  OF  THE  FUND'S REQUESTS FOR
PROPOSALS FOR THE PROJECT AND WHEN THE FUND DETERMINES THAT  THE  RECORD
SUPPORTING THE DECISION TO ENTER INTO SUCH AN AGREEMENT ESTABLISHES THAT
IT  IS  JUSTIFIED  BY  THE  INTERESTS UNDERLYING THE COMPETITIVE BIDDING
LAWS. IN ADDITION, THE FUND MAY  CHOOSE  TO  EXTEND  THE  PROJECT  LABOR
AGREEMENT  ENTERED  INTO  FOR  THE  FIRST PHASE OF THE FUND CONSTRUCTION
PROJECTS  TO  THE  PROJECTS  AUTHORIZED  HEREIN,  CONTINGENT  UPON   THE
COMPLETION OF A SUPPLEMENTAL PROJECT LABOR AGREEMENT BENEFITS ANALYSIS.
  S  3.  Section  486  of  the  education law is amended by adding a new
subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  BUILD-
ING  AID FOR RECONSTRUCTION PROJECTS UNDERTAKEN PURSUANT TO THIS ARTICLE
SHALL BE CALCULATED AT A RATE THAT IS NO LESS THAN THE AVERAGE  BUILDING
AID RATIO FOR RECONSTRUCTION PROJECTS UNDERTAKEN PURSUANT TO CHAPTER SIX
HUNDRED  FIVE  OF  THE  LAWS  OF  TWO THOUSAND, AS AMENDED, CHAPTER FOUR
HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND SEVEN, AS AMENDED, AND CHAP-
TER FIFTY-EIGHT OF THE LAWS  OF  TWO  THOUSAND  SIX,  AS  AMENDED,  WITH
RESPECT  TO RECONSTRUCTION PROJECTS FOR THE CITY SCHOOL DISTRICTS OF THE
CITIES OF BUFFALO, ROCHESTER AND SYRACUSE.
  S 4. The education law is amended by adding a  new  section  478-a  to
read as follows:

S. 5065--A                          5

  S  478-A. SCHOOL BUILDINGS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, THE POWERS OF THE FUND PURSUANT TO  THIS  ARTICLE  WITH
RESPECT  TO  COMBINED OCCUPANCY STRUCTURES SHALL EXTEND TO SCHOOL BUILD-
INGS TO THE SAME EXTENT AND UNDER THE SAME TERMS  AS  PROVIDED  BY  THIS
ARTICLE,  INCLUDING  BUT  NOT LIMITED TO THE POWER TO DESIGN, CONSTRUCT,
ACQUIRE, RECONSTRUCT, REHABILITATE AND IMPROVE ANY SCHOOL  BUILDING  NOW
OR HEREAFTER IN EXISTENCE.
  S 5. This act shall take effect immediately.

2013-S5065B (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd §§477, 482 & 486; add §478-a, Ed L

2013-S5065B (ACTIVE) - Summary

2013-S5065B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5065B

TITLE OF BILL:  An act to amend the education law, in relation to the
requirements for public bidding in conjunction with and the rate of
building aid for the construction, reconstruction, rehabilitation or
improvement of educational facilities in the city of Yonkers; and in
relation to broadening the scope of educational facilities for such
construction, reconstruction, rehabilitation or improvement

PURPOSE: An Act to amend the education law, in relation to changing
the requirements for public bidding in conjunction with and the rate
of building aid for the construction, reconstruction, rehabilitation
or improvement of educational facilities in the city of Yonkers; and
in relation to broadening the scope of educational facilities for such
construction, reconstruction, rehabilitation or improvement.

SUMMARY OF PROVISIONS:  2, Subdivisions 1, 2 and 2-a of section 482 of
the education law, as added by chapter 931 of the laws of 1971 are
amended to read as follows:

1. (Notwithstanding the provisions of any general, special, or local
law to the contrary, any contract entered into by the fund or by any
letting agency on behalf of the fund for the construction,
reconstruction, rehabilitation or improvement pursuant to section 478
of the education law shall be awarded pursuant to public bidding in
compliance with section 103 of the general municipal law or, in order

to foster major investment in combined occupancy structures and school
buildings and to deliver quality products and services that are
beneficial to the city and the city school district and the public
they serve, on the basis of factors other than cost alone, including,
but not limited to, adherence to facility design, quality and
durability or materials, energy efficiency, incorporating systems and
approaches which provide maximum facility value using the best current
development, construction, leasing, and financing techniques
available, and maximization of state building aid, and such a contract
may be entered into pursuant to the following provisions for the award
of a contract based on evaluation of proposals submitted in response
to a request for proposals prepared by or for the fund:

(A) The fund shall require that each such proposal to be submitted
shall include information relating to the identity and experience of
the proposer, its general contractor, its heating and plumbing
contractor, its electrical contractor, its design firm, if any, and
the ability of the proposer to secure adequate financing, including
the identification of the firm, if any, that will be used for
financing the project and specification of all elements of cost which
would become a charge to the city or the city school district or both,
in whatever form, in return for the fulfillment by the proposer of all
tasks and responsibilities established by the request for the proposal
for the full lifetime of a proposed contract, including, as
appropriate, but not limited to the cost of planning, design,
construction, financing, and ownership of such combined occupancy
structure or school building and such other information as the fund
may determine to have a material bearing on its ability to evaluate
any proposal for such combined occupancy structure or school building,
including the use of a portion of the facility or of the site by
government and not-for-profit entities providing services to the


students and the public and including an agreement that the proposer,
if awarded the contract, will not change the general contractor, the
plumbing and heating contractor, the electrical contractor, the design
firm, or the financial firm identified in its proposal without the
concurrence of the fund.

(B) Prior to the issuance of a request for proposals pursuant to this
act, the fund shall publish a notice of such issuance in the official
newspaper of the city, if any, and in at least one newspaper of
general circulation. Concurrent with the publication of such notice, a
draft request for proposals shall be filed with the fund. After
allowing a thirty day comment period and an additional ten days to
review such comments, the fund may publish the final request for
proposals and, concurrent with such publication, shall publish a
notice of such issuance in the manner specified in this paragraph.
Concurrent with the publication of the final request for proposals, a
set of comments filed in relation to the draft request for proposals
and findings related to the substantive elements of such comments
shall be filed along with the request for proposals with the fund and
in the public library or libraries in proximity to the proposed
combined occupancy structure or school building site.

(C) Proposals received in response to such request for proposals shall
be evaluated by the fund, taking into account the maximization of
state building aid, as to net cost and in a manner consistent with
provisions set forth in the request for proposals, may be evaluated on
the basis of additional factors, including, but not limited to,
facility design incorporating systems and approaches which provide
maximum facility value at the lowest possible cost using the best
current development life cycle costs, construction, reconstruction,
leasing and financing techniques available, and use of the combined
occupancy structure or school building and site by government and
not-for-profit entities providing services to students and the public.

(D) The fund may make a contract award to any responsible proposer
selected based on a determination by fund that the selected proposal
is most responsive to the request for proposals and may negotiate with
any proposer ; provided, however, that if an award is made to any
proposer whose total proposal does not provide the lowest net cost,
taking into account the maximization of state building aid, the fund
shall adopt a resolution after public hearing which includes
particularized findings relevant to factors evaluated, indicating that
the fund's requirements are met by such award and that such action is
in the public interest. Such contract may be a single guaranteed
maximum price contract or utilize a full construction management
contract approach or other appropriate approach to designing and
constructing the project.

2. The fund may require a contractor awarded a contract enter into a
"Project Labor Agreement" during and for the work involved with such
project when such requirement is part of the fund's "Request of
Proposal"

§ 2 Section 486 of the education law, as added by chapter 931 of the
laws of 1971, is amended so that the following is added as new
subsection 3: 3 Notwithstanding any other provision of law to the
contrary, building aid for reconstruction projects undertaken pursuant


to this article shall be calculated at a rate that is no less than the
average building aid ratio for reconstruction projects undertaken
pursuant to chapter 605 of the laws of 2000, as amended, chapter 416
of the laws of 2007, as amended, and chapter 58 of the laws of 2006,
as amended, with respect to reconstruction projects for the city
school districts of the cities of Buffalo, Rochester and Syracuse.

§ 3 Article 10-B of the education law, as added by chapter 931 of the
laws of 1971, is amended so that the following is added as new section
473-a: 478-a. School Buildings Notwithstanding any other provision of
law to the contrary, the powers of the fund pursuant to this Article
10-B with respect to combined occupancy structures shall extend to
school buildings to the same extent and under the same terms as
provided by this Article 10-B, including but not limited to the power
to design, construct, acquire, reconstruct, rehabilitate and improve
any school building now or hereafter in existence.

JUSTIFICATION:  The fact that school buildings in the City of Yonkers
are in serious need of repair and renovation has been well known for
some time. The average facility is 73 years old with the oldest
building having been constructed 118 years ago. Nine out of 39 of the
Yonkers Public School Districts are over 95 years old. Yet, outside
the most basic of maintenance, the buildings have seen little capital
investment in decades.

At present, the Yonkers Public Schools requires $1.7 Billion in
infrastructure work. Of this, more than 5300 million is needed
immediately just to bring schools up to current health and safety
standards.

This dire situation has been faced by other districts in the Big 5 as
well, in particular the cities of Buffalo, Rochester and Syracuse.
However, each of these cities is currently benefitting from special
state legislation that has allowed them to undertake full,
district-wide renovation programs that are bringing their building
stock into the 21st century including technological upgrades needed
for today's learning environment. Indeed, Buffalo is nearing
completion of its fifth phase of renovation totaling more than $1
billion while Syracuse is about to start its second phase and
Rochester is well into its first phase

Unfortunately, Yonkers is being left behind its counterparts, mainly
because the school aid formula for capital construction does not fund
Yonkers at a level close to that of Buffalo, Rochester and Syracuse.
This is patently unfair to Yonkers students, especially since out of
these districts. Yonkers is the only one with projected enrollment
growth.

This legislation would create a school renovation program for the City
of Yonkers by retooling the existing Yonkers educational construction
fund. The newly construed board would have a broadened scope to
renovate existing educational facilities. In addition, state aid for
this reconstruction would be based on an average of the aid provided
to Buffalo, Rochester and Syracuse for their programs This would give
Yonkers parity with these districts.

LEGISLATIVE HISTORY: None


FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately

2013-S5065B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5065--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to the  requirements  for
  public  bidding  in  conjunction with and the rate of building aid for
  the construction, reconstruction,  rehabilitation  or  improvement  of
  educational  facilities  in  the  city  of Yonkers; and in relation to
  broadening the scope of educational facilities for such  construction,
  reconstruction, rehabilitation or improvement

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivisions 1, 2 and 2-a of section 482 of the  education
law, subdivision 1 as added by chapter 931 of the laws of 1971, subdivi-
sions  2  as amended and 2-a as added by section 6 of part MM of chapter
57 of the laws of 2008, are amended to read as follows:
  1. [Any contract let by the fund or by any letting agency on behalf of
the  fund  for  the  construction,  reconstruction,  rehabilitation   or
improvement  of  a combined occupancy structure or of the school portion
thereof, shall be in conformity  with  the  provisions  of  section  one
hundred one of the general municipal law.
  2.  Except  as otherwise provided in section two hundred twenty-two of
the labor law, every contract, lease or other agreement entered into  by
or  on  behalf  of  the  fund  for the acquisition, lease, construction,
reconstruction, rehabilitation or improvement of any combined  occupancy
structure  shall  contain  a provision that, when the entire cost of any
such  contemplated  construction,  reconstruction,   rehabilitation   or
improvement  shall  exceed  three million dollars in the counties of the
Bronx, Kings, New York, Queens, and Richmond; one million  five  hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10706-04-3

S. 5065--B                          2

five  hundred  thousand  dollars in all other counties within the state,
separate specifications shall be prepared for the following three subdi-
visions of the work to be performed:
  a. Plumbing and gas fitting;
  b.  Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
  c. Electric wiring and standard illuminating fixtures.
  Such specifications shall be drawn so as  to  permit  the  letting  of
separate  and independent contracts for each of the above three subdivi-
sions of work. Except as otherwise provided by the public  housing  law,
the  provisions  of  which shall apply when the developer is the Yonkers
city housing authority, every developer or general contractor  undertak-
ing  the  construction, reconstruction, rehabilitation or improvement of
any such combined occupancy structure pursuant to or in  furtherance  of
the  provisions  of  this  article  shall  let separate contracts to the
lowest responsible bidder for the three subdivisions of the above speci-
fied work to persons, firms or corporations approved by the chairman  of
the fund as being qualified, responsible and reliable bidders engaged in
these  classes  of work. All such qualified bidders engaged in the above
specified work shall be entitled to bid and to receive, upon request,  a
copy  of  the plans and specifications. All such bids shall be submitted
to the fund and shall be opened publicly at a stated time and place.
  2-a. Each bidder on a public work contract, where the  preparation  of
separate  specifications  is  not  required, shall submit with its bid a
separate sealed list that names each subcontractor that the bidder  will
use  to  perform  work on the contract, and the agreed-upon amount to be
paid to each, for: a. plumbing and gas fitting, b.  steam  heating,  hot
water  heating, ventilating and air conditioning apparatus and c.  elec-
tric wiring and standard illuminating fixtures. After  the  low  bid  is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and  thereafter  any change of subcontractor or agreed-upon amount to be
paid to each shall require the approval of  the  public  owner,  upon  a
showing  presented  to  the public owner of legitimate construction need
for such change, which shall be open to  public  inspection.  Legitimate
construction  need  shall  include,  but  not be limited to, a change in
project specifications, a  change  in  construction  material  costs,  a
change  to  subcontractor status as determined pursuant to paragraph (e)
of subdivision two of section two hundred twenty-two of the  labor  law,
or  the subcontractor has become otherwise unwilling, unable or unavail-
able to perform the subcontract.  The  sealed  lists  of  subcontractors
submitted  by all other bidders shall be returned to them unopened after
the contract award.] NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  GENERAL,
SPECIAL,  OR LOCAL LAW TO THE CONTRARY, ANY CONTRACT ENTERED INTO BY THE
FUND  OR  BY  ANY  LETTING  AGENCY  ON  BEHALF  OF  THE  FUND  FOR   THE
CONSTRUCTION,  RECONSTRUCTION, REHABILITATION OR IMPROVEMENT PURSUANT TO
SECTION FOUR HUNDRED SEVENTY-EIGHT OF  THIS  ARTICLE  SHALL  BE  AWARDED
PURSUANT  TO PUBLIC BIDDING IN COMPLIANCE WITH SECTION ONE HUNDRED THREE
OF THE GENERAL MUNICIPAL LAW OR, IN ORDER TO FOSTER MAJOR INVESTMENT  IN
COMBINED OCCUPANCY STRUCTURES AND SCHOOL BUILDINGS AND TO DELIVER QUALI-
TY  PRODUCTS  AND  SERVICES THAT ARE BENEFICIAL TO THE CITY AND THE CITY
SCHOOL DISTRICT AND THE PUBLIC THEY SERVE, ON THE BASIS OF FACTORS OTHER
THAN COST ALONE, INCLUDING, BUT NOT LIMITED TO,  ADHERENCE  TO  FACILITY
DESIGN, QUALITY AND DURABILITY OR MATERIALS, ENERGY EFFICIENCY, INCORPO-
RATING SYSTEMS AND APPROACHES WHICH PROVIDE MAXIMUM FACILITY VALUE USING
THE BEST CURRENT DEVELOPMENT, CONSTRUCTION, LEASING, AND FINANCING TECH-

S. 5065--B                          3

NIQUES  AVAILABLE,  AND  MAXIMIZATION  OF STATE BUILDING AID, AND SUCH A
CONTRACT MAY BE ENTERED INTO PURSUANT TO THE  FOLLOWING  PROVISIONS  FOR
THE  AWARD  OF  A CONTRACT BASED ON EVALUATION OF PROPOSALS SUBMITTED IN
RESPONSE TO A REQUEST FOR PROPOSALS PREPARED BY OR FOR THE FUND:
  A.  THE  FUND  SHALL  REQUIRE  THAT EACH SUCH PROPOSAL TO BE SUBMITTED
SHALL INCLUDE INFORMATION RELATING TO THE IDENTITY AND EXPERIENCE OF THE
PROPOSER, ITS GENERAL CONTRACTOR, ITS HEATING AND  PLUMBING  CONTRACTOR,
ITS  ELECTRICAL  CONTRACTOR, ITS DESIGN FIRM, IF ANY, AND THE ABILITY OF
THE PROPOSER TO SECURE ADEQUATE FINANCING, INCLUDING THE  IDENTIFICATION
OF  THE  FIRM,  IF  ANY, THAT WILL BE USED FOR FINANCING THE PROJECT AND
SPECIFICATION OF ALL ELEMENTS OF COST WHICH WOULD BECOME A CHARGE TO THE
CITY OR THE CITY SCHOOL DISTRICT OR BOTH, IN WHATEVER  FORM,  IN  RETURN
FOR  THE  FULFILLMENT  BY THE PROPOSER OF ALL TASKS AND RESPONSIBILITIES
ESTABLISHED BY THE REQUEST FOR THE PROPOSAL FOR THE FULL LIFETIME  OF  A
PROPOSED  CONTRACT,  INCLUDING,  AS  APPROPRIATE, BUT NOT LIMITED TO THE
COST OF PLANNING, DESIGN, CONSTRUCTION, FINANCING, AND OWNERSHIP OF SUCH
COMBINED OCCUPANCY STRUCTURE OR SCHOOL BUILDING AND SUCH OTHER  INFORMA-
TION AS THE FUND MAY DETERMINE TO HAVE A MATERIAL BEARING ON ITS ABILITY
TO EVALUATE ANY PROPOSAL FOR SUCH COMBINED OCCUPANCY STRUCTURE OR SCHOOL
BUILDING,  INCLUDING THE USE OF A PORTION OF THE FACILITY OR OF THE SITE
BY GOVERNMENT AND NOT-FOR-PROFIT  ENTITIES  PROVIDING  SERVICES  TO  THE
STUDENTS AND THE PUBLIC AND INCLUDING AN AGREEMENT THAT THE PROPOSER, IF
AWARDED  THE CONTACT, WILL NOT CHANGE THE GENERAL CONTRACTOR, THE PLUMB-
ING AND HEATING CONTRACTOR, THE ELECTRICAL CONTRACTOR, THE DESIGN  FIRM,
OR THE FINANCIAL FIRM IDENTIFIED IN ITS PROPOSAL WITHOUT THE CONCURRENCE
OF THE FUND.
  B.  PRIOR  TO THE ISSUANCE OF A REQUEST FOR PROPOSALS PURSUANT TO THIS
SECTION, THE FUND SHALL PUBLISH A NOTICE OF SUCH ISSUANCE IN  THE  OFFI-
CIAL  NEWSPAPER  OF  THE  CITY, IF ANY, AND IN AT LEAST ONE NEWSPAPER OF
GENERAL CIRCULATION. CONCURRENT WITH THE PUBLICATION OF SUCH  NOTICE,  A
DRAFT REQUEST FOR PROPOSALS SHALL BE FILED WITH THE FUND. AFTER ALLOWING
A  THIRTY  DAY  COMMENT PERIOD AND AN ADDITIONAL TEN DAYS TO REVIEW SUCH
COMMENTS, THE FUND MAY PUBLISH THE  FINAL  REQUEST  FOR  PROPOSALS  AND,
CONCURRENT  WITH  SUCH PUBLICATION, SHALL PUBLISH A NOTICE OF SUCH ISSU-
ANCE IN THE MANNER SPECIFIED IN  THIS  PARAGRAPH.  CONCURRENT  WITH  THE
PUBLICATION  OF THE FINAL REQUEST FOR PROPOSALS, A SET OF COMMENTS FILED
IN RELATION TO THE DRAFT REQUEST FOR PROPOSALS AND FINDINGS  RELATED  TO
THE  SUBSTANTIVE ELEMENTS OF SUCH COMMENTS SHALL BE FILED ALONG WITH THE
REQUEST FOR PROPOSALS WITH  THE  FUND  AND  IN  THE  PUBLIC  LIBRARY  OR
LIBRARIES  IN  PROXIMITY TO THE PROPOSED COMBINED OCCUPANCY STRUCTURE OR
SCHOOL BUILDING  SITE.
  C. PROPOSALS RECEIVED IN RESPONSE TO SUCH REQUEST FOR PROPOSALS  SHALL
BE  EVALUATED BY THE FUND, TAKING INTO ACCOUNT THE MAXIMIZATION OF STATE
BUILDING AID, AS TO NET COST AND IN A MANNER CONSISTENT WITH  PROVISIONS
SET FORTH IN THE REQUEST FOR PROPOSALS, MAY BE EVALUATED ON THE BASIS OF
ADDITIONAL  FACTORS,  INCLUDING,  BUT  NOT  LIMITED  TO, FACILITY DESIGN
INCORPORATING SYSTEMS AND  APPROACHES  WHICH  PROVIDE  MAXIMUM  FACILITY
VALUE  AT  THE  LOWEST  POSSIBLE COST USING THE BEST CURRENT DEVELOPMENT
LIFE CYCLE COSTS, CONSTRUCTION, RECONSTRUCTION,  LEASING  AND  FINANCING
TECHNIQUES  AVAILABLE,  AND  USE  OF THE COMBINED OCCUPANCY STRUCTURE OR
SCHOOL BUILDING AND  SITE  BY  GOVERNMENT  AND  NOT-FOR-PROFIT  ENTITIES
PROVIDING SERVICES TO STUDENTS AND THE PUBLIC.
  D.  THE  FUND  MAY  MAKE  A CONTRACT AWARD TO ANY RESPONSIBLE PROPOSER
SELECTED BASED ON A  DETERMINATION  BY  THE    FUND  THAT  THE  SELECTED
PROPOSAL IS MOST RESPONSIVE TO THE REQUEST FOR PROPOSALS AND MAY NEGOTI-
ATE  WITH  ANY  PROPOSER; PROVIDED, HOWEVER, THAT IF AN AWARD IS MADE TO

S. 5065--B                          4

ANY PROPOSER WHOSE TOTAL PROPOSAL DOES NOT PROVIDE THE LOWEST NET  COST,
TAKING  INTO  ACCOUNT  THE  MAXIMIZATION OF STATE BUILDING AID, THE FUND
SHALL ADOPT A RESOLUTION AFTER PUBLIC HEARING WHICH INCLUDES PARTICULAR-
IZED  FINDINGS RELEVANT TO FACTORS EVALUATED, INDICATING THAT THE FUND'S
REQUIREMENTS ARE MET BY SUCH AWARD AND THAT SUCH ACTION IS IN THE PUBLIC
INTEREST. SUCH  CONTRACT  MAY  BE  A  SINGLE  GUARANTEED  MAXIMUM  PRICE
CONTRACT  OR UTILIZE A FULL CONSTRUCTION MANAGEMENT CONTRACT APPROACH OR
OTHER APPROPRIATE APPROACH TO DESIGNING AND CONSTRUCTING THE PROJECT.
  2. THE FUND MAY REQUIRE A CONTRACTOR AWARDED A CONTRACT TO ENTER  INTO
A  PROJECT  LABOR  AGREEMENT  DURING AND FOR THE WORK INVOLVED WITH SUCH
PROJECT WHEN SUCH  REQUIREMENT  IS  PART  OF  THE  FUND'S  REQUESTS  FOR
PROPOSALS  FOR  THE PROJECT AND WHEN THE FUND DETERMINES THAT THE RECORD
SUPPORTING THE DECISION TO ENTER INTO SUCH AN AGREEMENT ESTABLISHES THAT
IT IS JUSTIFIED BY THE  INTERESTS  UNDERLYING  THE  COMPETITIVE  BIDDING
LAWS.  IN  ADDITION,  THE  FUND  MAY  CHOOSE TO EXTEND THE PROJECT LABOR
AGREEMENT ENTERED INTO FOR THE FIRST  PHASE  OF  THE  FUND  CONSTRUCTION
PROJECTS   TO  THE  PROJECTS  AUTHORIZED  HEREIN,  CONTINGENT  UPON  THE
COMPLETION OF A SUPPLEMENTAL PROJECT LABOR AGREEMENT BENEFITS ANALYSIS.
  S 2. Section 486 of the education law  is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BUILD-
ING AID FOR RECONSTRUCTION PROJECTS UNDERTAKEN PURSUANT TO THIS  ARTICLE
SHALL  BE CALCULATED AT A RATE THAT IS NO LESS THAN THE AVERAGE BUILDING
AID RATIO FOR RECONSTRUCTION PROJECTS UNDERTAKEN PURSUANT TO CHAPTER SIX
HUNDRED FIVE OF THE LAWS OF  TWO  THOUSAND,  AS  AMENDED,  CHAPTER  FOUR
HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND SEVEN, AS AMENDED, AND CHAP-
TER  FIFTY-EIGHT  OF  THE  LAWS  OF  TWO  THOUSAND SIX, AS AMENDED, WITH
RESPECT TO RECONSTRUCTION PROJECTS FOR THE CITY SCHOOL DISTRICTS OF  THE
CITIES OF BUFFALO, ROCHESTER AND SYRACUSE.
  S  3.  The  education  law is amended by adding a new section 478-a to
read as follows:
  S 478-A. SCHOOL BUILDINGS. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW
TO  THE  CONTRARY,  THE POWERS OF THE FUND PURSUANT TO THIS ARTICLE WITH
RESPECT TO COMBINED OCCUPANCY STRUCTURES SHALL EXTEND TO  SCHOOL  BUILD-
INGS  TO  THE  SAME  EXTENT AND UNDER THE SAME TERMS AS PROVIDED BY THIS
ARTICLE, INCLUDING BUT NOT LIMITED TO THE POWER  TO  DESIGN,  CONSTRUCT,
ACQUIRE,  RECONSTRUCT,  REHABILITATE AND IMPROVE ANY SCHOOL BUILDING NOW
OR HEREAFTER IN EXISTENCE.
  S 4. This act shall take effect immediately.

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