New York Education Code § 482

Letting of construction contracts
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§ 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 combi

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