§ 482 — Letting of construction contracts

New York § 482

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 10-B: City of Yonkers Educational Construction Fund

Text

§ 482. Letting of construction contracts. 1. Any contract let by the\nfund or by any letting agency on behalf of the fund for the\nconstruction, reconstruction, rehabilitation or improvement of a\ncombined occupancy structure or of the school portion thereof, shall be\nin conformity with the provisions of section one hundred one of the\ngeneral municipal law.\n 2. Except as otherwise provided in section two hundred twenty-two of\nthe labor law, every contract, lease or other agreement entered into by\nor on behalf of the fund for the acquisition, lease, construction,\nreconstruction, rehabilitation or improvement of any combined occupancy\nstructure shall contain a provision that, when the entire cost of any\nsuch contemplated construction, reconstruction, rehabilitation or\nimprovement shall exceed three million dollars in the counties of the\nBronx, Kings, New York, Queens, and Richmond; one million five hundred\nthousand dollars in the counties of Nassau, Suffolk and Westchester; and\nfive hundred thousand dollars in all other counties within the state,\nseparate specifications shall be prepared for the following three\nsubdivisions of the work to be performed:\n a. Plumbing and gas fitting;\n b. Steam heating, hot water heating, ventilating and air conditioning\napparatus; and\n c. Electric wiring and standard illuminating fixtures.\n Such specifications shall be drawn so as to permit the letting of\nseparate and independent contracts for each of the above three\nsubdivisions of work. Except as otherwise provided by the public housing\nlaw, the provisions of which shall apply when the developer is the\nYonkers city housing authority, every developer or general contractor\nundertaking the construction, reconstruction, rehabilitation or\nimprovement of any such combined occupancy structure pursuant to or in\nfurtherance of the provisions of this article shall let separate\ncontracts to the lowest responsible bidder for the three subdivisions of\nthe above specified work to persons, firms or corporations approved by\nthe chairman of the fund as being qualified, responsible and reliable\nbidders engaged in these classes of work. All such qualified bidders\nengaged in the above specified work shall be entitled to bid and to\nreceive, upon request, a copy of the plans and specifications. All such\nbids shall be submitted to the fund and shall be opened publicly at a\nstated time and place.\n 2-a. Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: a. plumbing and gas fitting, b. steam heating, hot\nwater heating, ventilating and air conditioning apparatus and c.\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n 3. a. In addition to other bond or bonds, if any, required by law for\nthe completion of the school portion of a combined occupancy structure,\nor in the absence of any such requirement, the fund shall nevertheless\nrequire, prior to the approval of any lease or other agreement providing\nfor the construction, reconstruction, rehabilitation or improvement of\nany combined occupancy structure, that the developer, if other than the\nYonkers city housing authority, or general contractor, furnish a bond\nguaranteeing prompt payment of moneys due to all persons furnishing\nlabor or materials to or for the person furnishing said bond or to his\nor her subcontractors in the prosecution of the entire work provided for\nin such lease or other agreement. Whenever the developer is the Yonkers\ncity housing authority, it shall require each of its contractors to\nfurnish such bond to said authority and fund with respect to the work to\nbe performed and materials supplied by such contractor, and no separate\nor other payment bond shall be required to be furnished to the fund.\n b. A copy of such payment bond shall be kept in the office of the\nchairman of the fund and a copy shall also be kept in the office of the\nboard of education; such copies shall be open to public inspection.\n c. Every person who has furnished labor or material, to or for the\ndeveloper or general contractor or contractor furnishing such payment\nbond or to his or her subcontractors in the prosecution of the work\nprovided for in the lease or other agreement for which the bond is\nfurnished and who has not been paid in full therefor before the\nexpiration of a period of ninety days after the day on which the last of\nthe labor was performed or material was furnished by him or her for\nwhich the claim is made, shall have the right to sue on such payment\nbond in his or her own name for the amount, or the balance thereof,\nunpaid at the time of commencement of the action; provided, however,\nthat a person having a direct contractual relationship with a\nsubcontractor of the developer or contractor furnishing the payment bond\nbut no contractual relationship express or implied with such developer\nor contractor shall not have a right of action upon the bond unless he\nor she shall have given written notice to such developer or contractor\nfurnishing the bond within ninety days from the date on which the last\nof the labor was performed or the last of the material was furnished,\nfor which his or her claim is made, stating with substantial accuracy\nthe amount claimed and the name of the party to whom the material was\nfurnished or for whom the labor was performed. The notice shall be\nserved by delivering the same personally to the developer or contractor\nfurnishing said bond or by mailing the same by registered mail, postage\nprepaid, in an envelope addressed to such developer or contractor at any\nplace where he or she maintains an office or conducts his or her\nbusiness or at his or her residence.\n