§ 458. 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 the school portion of\nthe work in any combined occupancy structure shall contain a provision\nthat, when the entire cost of any such contemplated construction,\nreconstruction, rehabilitation or improvement for the school portion of\nthe work 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 on the school portion 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. Within the above three subdivisions of work, any\nequipment, apparatus and/or installations which shall be designed to\nservice the entire combined occupancy structure shall be included within\nthe school portion of the work or let as separate and independent\ncontracts even if physically located within the non-school portion of\nthe work. Except as otherwise provided by the public housing law, the\nprovisions of which shall apply when the developer is the New York city\nhousing authority, every developer or general contractor undertaking the\nconstruction, reconstruction, rehabilitation or improvement of any such\ncombined occupancy structure pursuant to or in furtherance of the\nprovisions of this article shall let separate contracts to the lowest\nresponsible bidder for the three subdivisions of the above specified\nwork to persons, firms or corporations approved by the chairman of the\nfund as being qualified, responsible and reliable bidders engaged in\nthese classes of work. All such qualified bidders engaged in the above\nspecified work shall be entitled to bid and to receive, upon request, a\ncopy of the plans and specifications. All such bids shall be submitted\nto the fund and shall be opened publicly at a stated 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 paragra
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.