LBD10437-03-1
S. 5603--A 2
of such existing school building and/or the acquisition of additional
real property necessary for the project.
§ 2. Section 5 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act",
as amended by chapter 9 of the laws of 2014, is amended to read as
follows:
§ 5. (a) No more than seven projects, one each at the Central High
School, the Blodgett School, the Shea Middle School, the H.W. Smith
Elementary School, the Clary Middle School, the Dr. Weeks Elementary
School and the Fowler High School, up to a total cost of two hundred
twenty-five million dollars; and (b) no more than twenty projects which
shall be located at the Bellevue Elementary School, the Clary Middle
School, the Corcoran High School, the Danforth Middle School, the Edward
Smith K-8 School, the Expeditionary Learning Middle School, the Fowler
High School, the Frazer K-8 School, the Grant Middle School, the Grey-
stone Building, the Henninger High School, the Huntington K-8 School,
the Nottingham High School, the Shea Middle School and the Westside
Academy at Blodgett, up to a total cost of three hundred million
dollars; AND (C) NO MORE THAN 10 PROJECTS, WHICH SHALL BE LOCATED AT THE
STEM AT BLODGETT MIDDLE SCHOOL, THE CORCORAN HIGH SCHOOL, THE DELAWARE
PRIMARY SCHOOL, THE HENNINGER HIGH SCHOOL, THE SYRACUSE LATIN SCHOOL,
THE LINCOLN MIDDLE SCHOOL, THE NOTTINGHAM HIGH SCHOOL, THE ROBERTS
PREK-8 SCHOOL, THE SEYMOUR DUAL LANGUAGE ACADEMY AND THE WEBSTER ELEMEN-
TARY SCHOOL, UP TO A TOTAL COST OF THREE HUNDRED MILLION DOLLARS, shall
be authorized and undertaken pursuant to this act, unless otherwise
authorized by law.
§ 3. Sections 6 and 7 of part A-4 of chapter 58 of the laws of 2006
enacting the "city of Syracuse and the board of education of the city
school district of the city of Syracuse cooperative school recon-
struction act", as amended by chapter 459 of the laws of 2013, are
amended to read as follows:
§ 6. (1) Before formal selection of the projects identified in subdi-
vision (a) of section five of this act occurs, the JSC board shall
develop a comprehensive plan recommending and outlining the projects it
proposes to be potentially undertaken pursuant to this act. Such plan
shall include: (a) an estimate of total costs to be financed, proposed
financing plan, proposed method of financing, terms and conditions of
the financing, estimated financing costs, and, if city general obli-
gation bonds or notes are not proposed as the method of financing, a
comparison of financing costs between such bonds or notes and the
proposed method of financing. The plan should also address what specific
options would be used to ensure that sufficient resources exist to cover
the local share of any such project cost on an annual basis; (b) infor-
mation concerning the potential persons to be involved in the financing
and such person's role and responsibilities; (c) estimates on the
design, reconstruction and rehabilitation costs by project, any adminis-
trative costs for potential projects, and an outline of the time-frame
expected for completion of each potential project; (d) a detailed
description of the request for proposals process and an outline of the
criteria to be used for selection of the program manager and all
contractors; (e) any proposed amendments to the city school district's
five year capital facilities plan submitted in accordance with subdivi-
sion 6 of section 3602 of the education law and the regulations of the
commissioner; and (f) a diversity plan, in compliance with subdivision
(b) of section eight of this act, to develop diversity goals, including
S. 5603--A 3
appropriate community input and public discussion, and develop strate-
gies that would create and coordinate any efforts to ensure a more
diverse workforce for the projects. The diversity plan should address
accountability for attainment of the diversity goals, what forms of
monitoring would be used, and how such information would be publicly
communicated.
Prior to the development of the comprehensive plan, the JSC board
shall hold as many public hearings as may be necessary to ensure suffi-
cient public input and allow for significant public discussion on the
school building needs in such city, with at least one hearing to be held
in each neighborhood potentially impacted by a proposed project.
The JSC board shall submit the components of such comprehensive plan
outlined in paragraph (a) of subdivision one of this section to the
comptroller, along with any other information requested by the comp-
troller, for his or her review and approval.
(2) Before formal selection of the projects pursuant to subdivision
(b) AND (C) of section five of this act occurs, the city school district
shall provide to the JSC board a comprehensive draft plan recommending
and outlining the projects it proposes to be potentially undertaken
pursuant to this act. Such plan will be subject to the review and
approval of the JSC board and shall include: (a) an estimate of total
costs to be financed, proposed financing plan, proposed method of
financing, terms and conditions of the financing, estimated financing
costs, and, if city general obligation bonds or notes are not proposed
as the method of financing, a comparison of financing costs between such
bonds or notes and the proposed method of financing. The plan should
also address what specific options would be used to ensure that suffi-
cient resources exist to cover the local share of any such project cost
on an annual basis; (b) information concerning the potential persons to
be involved in the financing and such person's role and responsibil-
ities; (c) estimates on the design, reconstruction and rehabilitation
costs by project, any administrative costs for potential projects, and
an outline of the time-frame expected for completion of each potential
project; (d) a detailed description of the request for proposals process
and an outline of the criteria to be used for selection of the program
manager and all contractors; (e) any proposed amendments to the city
school district's five year capital facilities plan submitted in accord-
ance with subdivision 6 of section 3602 of the education law and the
regulations of the commissioner; and (f) a diversity plan, in compliance
with subdivision (b) of section eight of this act, to develop diversity
goals, including appropriate community input and public discussion, and
develop strategies that would create and coordinate any efforts to
ensure a more diverse workforce for the projects. The diversity plan
should address accountability for attainment of the diversity goals,
what forms of monitoring would be used, and how such information would
be publicly communicated.
As part of the development of the comprehensive plan, the school
district shall hold as many public hearings as may be necessary to
ensure sufficient public input and allow for significant public
discussion on the school building needs in such city, with at least one
hearing to be held in each neighborhood potentially impacted by a
proposed project.
The JSC board shall submit the components of such comprehensive plan
outlined in paragraph (a) of subdivision two of this section to the
comptroller, along with any other information requested by the comp-
troller, for his or her review and approval.
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§ 7. (a) Notwithstanding any general, special or local law to the
contrary and upon approval by the comptroller pursuant to section six of
this act, the city school district may select projects, pursuant to
subdivision (a) of section five of this act to be undertaken pursuant to
this act, as provided for in such approved comprehensive plan. After the
city school district has selected a new project and plans and specifica-
tions for such project have been prepared and approved by the city
school district, which are consistent with the approved comprehensive
plan, the city school district shall deliver such plans and specifica-
tions to the city, for approval by such city, acting through the common
council, and after the common council has approved such plans and spec-
ifications, the city shall deliver them to the commissioner for his or
her approval. After approval by the commissioner, the plans and spec-
ifications shall be returned to the city school district and such
district shall then deliver them to the JSC board. All such specifica-
tions shall detail the number of students the completed project is
intended to serve, the site description, the types of subjects to be
taught, the types of activities for school, recreational, social, safe-
ty, or other purposes intended to be incorporated in the school building
or on its site and such other information as the city school district,
the city, the common council, and the commissioner shall deem necessary
or advisable.
(b) Notwithstanding any general, special or local law to the contrary
and upon approval by the comptroller pursuant to section six of this
act, the city school district may select projects, pursuant to subdivi-
sion (b) AND (C) of section five of this act to be undertaken pursuant
to this act, as provided for in such approved comprehensive plan. After
the city school district has selected a new project and plans and spec-
ifications for such project have been prepared and approved by the city
school district in consultation with the city engineer, which are
consistent with the approved comprehensive plan, the city school
district shall deliver such plans and specifications to the commissioner
for his or her approval. After approval by the commissioner, the plans
and specifications shall be delivered to the JSC board. All such spec-
ifications shall detail the number of students the completed project is
intended to serve, the site description, the types of subjects to be
taught, the types of activities for school, recreational, social, safe-
ty, or other purposes intended to be incorporated in the school building
or on its site and such other information as the city school district,
the city engineer, and the commissioner shall deem necessary or advis-
able.
(c) Notwithstanding any other provision of law to the contrary, if the
total project cost associated with the projects authorized pursuant to
subdivision (b) AND (C) of section five of this act exceeds the esti-
mated total project cost of 300 million dollars, then the JSC board
shall report such information, along with explanatory documentation
regarding the increase in cost, to the governor, the New York state
comptroller, the commissioner, the temporary president of the senate and
the speaker of the assembly.
(d) Notwithstanding any other provision of law to the contrary, the
JSC board shall submit estimated project costs for the projects author-
ized pursuant to subdivision (b) AND (C) of section five of this act
after the completion of schematic plans and specifications for review by
the commissioner. If the total project costs associated with such
projects exceed the sum of the estimated individual approved cost allow-
ance of each building project by more than the lesser of 30 million
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dollars or ten percent of the approved costs, and the city school
district has not otherwise demonstrated to the satisfaction of the New
York state education department the availability of additional local
shares for such excess costs, then the JSC board shall not proceed with
the preparation of final plans and specifications for such projects
until the projects have been redesigned or value-engineered to reduce
estimated project costs so as not to exceed the above cost limits.
(e) Notwithstanding any other provision of law to the contrary, the
JSC board shall submit estimated project costs for the projects author-
ized pursuant to subdivision (b) AND (C) of section five of this act
after the completion of fifty percent of the final plans and specifica-
tions for review by the commissioner. If the total project costs associ-
ated with such projects exceed the sum of the estimated individual
approved cost allowance of each building project by more than the lesser
of 30 million dollars or ten percent of the approved costs, and the city
school district has not otherwise demonstrated to the satisfaction of
the New York state education department the availability of additional
local share for such excess costs, then the JSC board shall not proceed
with the completion of the remaining fifty percent of the plans and
specifications for such projects until the projects have been redesigned
or value-engineered to reduce estimated project costs so as not to
exceed the above cost limits.
§ 4. Subdivision (a) of section 10 of part A-4 of chapter 58 of the
laws of 2006 enacting the "city of Syracuse and the board of education
of the city school district of the city of Syracuse cooperative school
reconstruction act", as amended by chapter 459 of the laws of 2013, is
amended to read as follows:
(a) The JSC board may require a contractor awarded a public contract,
subcontract or other agreement for a project to enter into a project
labor agreement during and for the work involved with such project when
such requirement is part of the JSC board's specifications for the
project and when the JSC board determines that the record supporting the
decision to enter into such an agreement establishes that it is justi-
fied by the interests underlying the competitive bidding laws. In addi-
tion, the JSC board may choose to extend the project labor agreement
entered into for the first OR SECOND phase of the JSC construction
projects to the projects authorized herein, contingent upon the
completion of a supplemental project labor agreement benefits analysis.
§ 5. Section 11 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction
act", as amended by chapter 459 of the laws of 2013, is amended to read
as follows:
§ 11. (a) All contracts entered into by the JSC board for projects
pursuant to subdivision (a) of section five of this act shall be managed
by an independent program manager. Selection of the program manager
shall be pursuant to the competitive process established in section
seven of this act. The program manager shall have experience in plan-
ning, designing, and constructing new and/or reconstructing existing
school buildings, public facilities, commercial facilities, and/or
infrastructure facilities, and in the negotiation and management of
labor contracts and agreements, training programs, educational programs,
and physical technological requirements for educational programs. The
program manager shall manage all projects undertaken pursuant to subdi-
vision (a) of section five of this act, review project schedules, review
payment schedules, prepare cost estimates and assess the safety programs
S. 5603--A 6
of contractors and all training programs, if required. The program
manager shall implement procedures for verification by it that all work
for which payment has been requested has been satisfactorily completed.
(b) All construction and design contracts entered into by the JSC
board for projects pursuant to subdivision (b) of section five of this
act shall be managed by the city engineer in agreement with the school
district or, at the discretion of the JSC board, an independent program
manager or construction managers selected for one or more projects.
Selection of the program manager and/or the construction manager or
managers shall be pursuant to a competitive process established in
accordance with the city's standard request for proposals process using
the JSC board as the approving governing body instead of the common
council for such contract awards. The program manager shall have experi-
ence in planning, designing, and constructing new and/or reconstructing
existing school buildings in New York state, public facilities, commer-
cial facilities, and/or infrastructure facilities, and in the negoti-
ation and management of labor contracts and agreements, training
programs, educational programs, and physical technological requirements
for educational programs. The program manager shall manage all projects
assigned by the JSC board to the program manager and undertaken pursuant
to subdivision (b) of section five of this act, review project sched-
ules, review payment schedules, prepare cost estimates and assess the
safety programs of contractors and all training programs, if required.
The program manager shall implement procedures for verification by it
that all work for which payment has been requested has been satisfac-
torily completed. Provided, however, that the JSC board may choose to
utilize the services of an independent construction manager at one or
more of the projects to be authorized herein with said construction
manager managing the project within the management plan set forth by the
independent program manager and the JSC board.
(c) ALL CONSTRUCTION AND DESIGN CONTRACTS ENTERED INTO BY THE JSC
BOARD FOR PROJECTS PURSUANT TO SUBDIVISION (C) OF SECTION FIVE OF THIS
ACT SHALL BE MANAGED BY THE CITY ENGINEER IN AGREEMENT WITH THE SCHOOL
DISTRICT OR, AT THE DISCRETION OF THE JSC BOARD, AN INDEPENDENT PROGRAM
MANAGER OR CONSTRUCTION MANAGERS SELECTED FOR ONE OR MORE PROJECTS.
SELECTION OF THE PROGRAM MANAGER AND/OR THE CONSTRUCTION MANAGER OR
MANAGERS SHALL BE PURSUANT TO A COMPETITIVE PROCESS ESTABLISHED IN
ACCORDANCE WITH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING
THE JSC BOARD AS THE APPROVING GOVERNING BODY INSTEAD OF THE COMMON
COUNCIL FOR SUCH CONTRACT AWARDS. THE PROGRAM MANAGER SHALL HAVE EXPERI-
ENCE IN PLANNING, DESIGNING, AND CONSTRUCTING NEW AND/OR RECONSTRUCTING
EXISTING SCHOOL BUILDINGS IN NEW YORK STATE, PUBLIC FACILITIES, COMMER-
CIAL FACILITIES, AND/OR INFRASTRUCTURE FACILITIES, AND IN THE NEGOTI-
ATION AND MANAGEMENT OF LABOR CONTRACTS AND AGREEMENTS, TRAINING
PROGRAMS, EDUCATIONAL PROGRAMS, PHYSICAL TECHNOLOGICAL REQUIREMENTS FOR
EDUCATIONAL PROGRAMS AND KNOWLEDGE OF STATE EDUCATION DEPARTMENT FACILI-
TIES PLANNING AND BUILDING AID REQUIREMENTS. THE PROGRAM MANAGER SHALL
MANAGE ALL PROJECTS ASSIGNED BY THE JSC BOARD TO THE PROGRAM MANAGER AND
UNDERTAKEN PURSUANT TO SUBDIVISION (C) OF SECTION FIVE OF THIS ACT,
REVIEW PROJECT SCHEDULES, REVIEW PAYMENT SCHEDULES, PREPARE COST
ESTIMATES AND ASSESS THE SAFETY PROGRAMS OF CONTRACTORS AND ALL TRAINING
PROGRAMS, IF REQUIRED. THE PROGRAM MANAGER SHALL IMPLEMENT PROCEDURES
FOR VERIFICATION BY IT THAT ALL WORK FOR WHICH PAYMENT HAS BEEN
REQUESTED HAS BEEN SATISFACTORILY COMPLETED. PROVIDED, HOWEVER, THAT
THE JSC BOARD MAY CHOOSE TO UTILIZE THE SERVICES OF AN INDEPENDENT
CONSTRUCTION MANAGER AT ONE OR MORE OF THE PROJECTS TO BE AUTHORIZED
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HEREIN WITH SAID CONSTRUCTION MANAGER MANAGING THE PROJECT WITHIN THE
MANAGEMENT PLAN SET FORTH BY THE INDEPENDENT PROGRAM MANAGER AND THE JSC
BOARD.
(D) The program manager, and its affiliates or subsidiaries, if any,
shall be prohibited from awarding contracts or being awarded contracts
for or performing any work on projects undertaken pursuant to this act.
§ 6. Section 19 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act",
as amended by chapter 459 of the laws of 2013, is amended to read as
follows:
§ 19. (a) On January 15, 2007 and annually thereafter, until
completion of the projects authorized pursuant to this act, the JSC
board shall issue a report to the governor, the comptroller, the commis-
sioner, the temporary president of the senate, the speaker of the assem-
bly, the city, the common council and the city school district on the
progress and status of the projects undertaken by the JSC board.
Provided further, that if any such entities request information on the
progress and status of the projects prior to such report, it shall be
provided to such entities by the JSC board.
(b) On or before June 30, 2014 or upon the completion of the projects
authorized pursuant to subdivision (a) of section five of this act,
whichever shall first occur, the JSC board shall issue a report to the
city, the city school district, the governor, the commissioner, the
comptroller, the temporary president of the senate, the minority leader
of the senate, the speaker of the assembly, the minority leader of the
assembly, the state board of regents, and the chairs and ranking minori-
ty members of the New York state senate and assembly committees on
education, the finance committee of the New York state senate, and the
ways and means committee of the New York state assembly. Such report
shall identify the fiscal and pedagogical results of the projects under-
taken pursuant to this act, along with recommendations for its contin-
uance, amendments, or discontinuance.
(c) On or before June 30, 2020 or upon the completion of the projects
authorized pursuant to subdivision (b) of section five of this act,
whichever shall first occur, the JSC board shall issue a report to the
city, the city school district, the governor, the commissioner, the
comptroller, the temporary president of the senate, the minority leader
of the senate, the speaker of the assembly, the minority leader of the
assembly, the state board of regents, and the chairs and ranking minori-
ty members of the New York state senate and assembly committees on
education, the finance committee of the New York state senate, and the
ways and means committee of the New York state assembly. Such report
shall identify the fiscal and pedagogical results of the projects under-
taken pursuant to this act, along with recommendations for its contin-
uance, amendments, or discontinuance.
(D) ON OR BEFORE JUNE 30, 2027 OR UPON THE COMPLETION OF THE PROJECTS
AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FIVE OF THIS ACT,
WHICHEVER SHALL FIRST OCCUR, THE JSC BOARD SHALL ISSUE A REPORT TO THE
CITY, THE CITY SCHOOL DISTRICT, THE GOVERNOR, THE COMMISSIONER, THE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE CHAIRS AND RANKING MINORI-
TY MEMBERS OF THE NEW YORK STATE SENATE AND ASSEMBLY COMMITTEES ON
EDUCATION, THE FINANCE COMMITTEE OF THE NEW YORK STATE SENATE, AND THE
WAYS AND MEANS COMMITTEE OF THE NEW YORK STATE ASSEMBLY. SUCH REPORT
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SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS UNDER-
TAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDATIONS FOR ITS CONTIN-
UANCE, AMENDMENTS, OR DISCONTINUANCE.
§ 7. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 9 to read as follows:
(9) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERN-
IZING OF THE STEM AT BLODGETT MIDDLE SCHOOL, THE DELAWARE PRIMARY
SCHOOL, THE SYRACUSE LATIN SCHOOL, THE LINCOLN MIDDLE SCHOOL, THE
ROBERTS PRE-K-8 SCHOOL, THE SEYMOUR DUAL LANGUAGE ACADEMY AND THE
WEBSTER ELEMENTARY SCHOOL PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOU-
SAND TWENTY-ONE ENACTING THE THIRD PHASE OF THE CITY OF SYRACUSE COOPER-
ATIVE SCHOOL RECONSTRUCTION ACT, MULTI-YEAR COST ALLOWANCES FOR EACH
PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO TIMES IN THE FIRST FIVE-
YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED
NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM COST
ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
§ 8. This act shall take effect immediately.