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

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