§ 627. Definitions. As used or referred to in this article:

1. "Alternative project delivery contract" means any project delivery
method authorized by this article, including construction manager build,
construction manager at risk, and design-build, pursuant to which one or
more contracts for the provision of design or construction management
and construction services are awarded pursuant to an open and
competitive method of procurement, as specified in section six hundred
thirty-four of this article.

2. "Best value" means the basis for awarding contracts for services to
a proposer that optimizes quality, cost and efficiency, price and
performance criteria, which may include, but is not limited to:

(a) the quality of the proposer's performance on previous projects;

(b) the timeliness of the proposer's performance on previous projects;

(c) the level of customer satisfaction with the proposer's performance
on previous projects;

(d) the proposer's record of performing previous projects on budget
and ability to minimize cost overruns;

(e) the proposer's ability to limit change orders;

(f) the proposer's ability to prepare appropriate project plans;

(g) the proposer's technical capacities;

(h) the individual qualifications of the proposer's key personnel;

(i) the proposer's ability to assess and manage risk and minimize risk
impact;

(j) the proposer's financial capability;

(k) the proposer's ability to comply with applicable requirements,
including the provisions of articles one hundred forty-five, one hundred
forty-seven and one hundred forty-eight of the education law;

(l) the proposer's past record of compliance with federal laws, state
and local laws, rules, licensing requirements, where applicable, and
executive orders, including, but not limited to, section three of the
federal housing and urban development act of nineteen hundred
sixty-eight, as amended, or any successor provision, article fifteen-A
of the executive law, any other applicable laws concerning minority- and
women-owned business enterprise participation, the labor law, and any
other applicable labor and prevailing wage laws;

(m) the proposer's record of complying with existing labor standards,
maintaining harmonious labor relations, and protecting the health and
safety of workers and payment of wages above any locally-defined living
wage;

(n) a quantitative factor to be used in evaluation of bids or offers
for awarding of contracts for bidders or offerors that are certified as
minority or women owned business enterprises pursuant to article
fifteen-A of the executive law or certified pursuant to section thirteen
hundred four of the New York city charter as minority or women owned
business enterprises, or where the bidder is a joint venture including
at least one such certified firm. Where the trust identifies a
quantitative factor pursuant to this paragraph, the trust shall specify
that businesses certified as minority or women owned business
enterprises pursuant to article fifteen-A of the executive law as well
as those certified as minority or women owned business enterprises
pursuant to section thirteen hundred four of the New York city charter,
or joint ventures including at least one such certified firm, are
eligible to qualify for such factor. Nothing in this paragraph shall be
construed to require that such businesses be concurrently certified as
minority or women owned business enterprises under such article and such
section to qualify for such quantitative factor; and

(o) a quantitative factor to be used in evaluation of bids or offers
for awarding of contracts for bidders or offerors that provide economic
opportunities for low and very low-income persons in accordance with
section three of the federal housing and urban development act of
nineteen hundred sixty-eight, as amended, where applicable, or any
successor provision. Such basis shall reflect, wherever possible,
objective and quantifiable analysis.

3. "Board" means the board of trustees of the trust.

4. "City" means the city of New York.

5. "Construction manager at risk" means a project delivery method
whereby a construction manager:

(a) serves as part of a team in conjunction with the owner in the
design phase of the project;

(b) during the construction phase, acts as general contractor for
agreed upon compensation as set forth in the construction manager at
risk agreement; and

(c) assumes the risk of construction costs exceeding an amount
specified in the construction manager at risk agreement.

6. "Construction manager build" means a project delivery method
whereby a construction manager, following a declaration of a disaster by
the governor or state of emergency by the mayor pursuant to article
two-B of the executive law or chapter one of title three of the
administrative code of the city of New York, or following an independent
cost estimate and a concurrence by NYCHA that construction work is
required at a housing facility to remedy defects to bring the housing
facility into decent, safe, and sanitary condition:

(a) serves as part of a team in conjunction with the owner in the
design phase of the project;

(b) under the oversight of the owner acts as the single source of
responsibility to bid, select and hold construction contracts on behalf
of the owner during the construction phase; and

(c) manages the construction project on behalf of the owner.

7. "Cost plus" means compensating a contractor for the cost to
complete a contract by reimbursing actual costs for labor, equipment and
materials plus an additional amount for overhead and profit.

8. "Design-build" means a project delivery method for the design and
construction of a project with a single entity, which may be a team
comprised of separate entities.

9. "Ground lease" means the written instrument pursuant to which NYCHA
transfers to the trust its leasehold interest in its housing facilities
and ancillary personal property.

10. "Housing facilities" means the land and buildings thereon owned or
operated by NYCHA and the improvements made to such land and buildings
for use in connection with development or operation of dwelling
accommodations for low-income families.

11. "Low-income families" means low-, very low-, and extremely
low-income families as defined in paragraph two of subsection (b) of
section 1437a of title forty-two of the United States code or any
successor provision.

12. "Mayor" means the mayor of the city of New York.

13. "NYCHA" means the New York city housing authority.

14. "NYCHA board" means the members of NYCHA appointed pursuant to
subdivision three of section four hundred two of this chapter.

15. "NYCHA CEO" means the chief executive officer of NYCHA who serves
pursuant to NYCHA's by-laws.

16. "NYCHA CFO" means the chief financial officer of NYCHA who serves
pursuant to NYCHA's by-laws.

17. "Other residents" means residents who are:

(a) residents of a housing facility on the date NYCHA transfers such
facility to the trust but are not low-income families, as defined in
this section, on the date of such transfer;

(b) low-income families, as defined in this section, and residents of
a housing facility on the date NYCHA transfers such facility to the
trust but who, subsequent to such transfer and during the course of the
tenancies of such residents, no longer satisfy the definition of
low-income families; or

(c) low-income families, as defined in this section, upon commencement
of their tenancies in a housing facility operated by the trust but who,
during the course of the tenancies of such residents, do not satisfy the
definition of low-income families.

18. "Project labor agreement" shall have the same meaning as described
in section two hundred twenty-two of the labor law.

19. "Resident" means a natural person whose lawful primary residence
is a dwelling unit in a housing facility.

20. "Trust" means the New York city public housing preservation trust.

21. "Voting process" means the process that shall be undertaken at a
particular housing facility before the trust may transfer, convey,
assign, mortgage, pledge or otherwise encumber any interest in, or
permit or suffer any transfer, conveyance, assignment, mortgage, pledge
or other encumbrance of any interest in such housing facility. The
voting process shall be further defined as set forth in requirements
promulgated pursuant to section six hundred thirty of this article.