NY Educ L § 482 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 10-B - City of Yonkers Educational Construction Fund 482 - Letting of Construction Contracts.

§ 482. Letting  of  construction contracts. 1. Any contract let by the   fund  or  by  any  letting  agency  on  behalf  of  the  fund  for   the   construction,   reconstruction,   rehabilitation  or  improvement  of  a   combined occupancy structure or of the school portion thereof, shall  be   in  conformity  with  the  provisions  of section one hundred one of the   general municipal law.2. Except as otherwise provided in section two hundred  twenty-two  of   the  labor law, every contract, lease or other agreement entered into by   or on behalf of the  fund  for  the  acquisition,  lease,  construction,   reconstruction,  rehabilitation or improvement of any combined occupancy   structure shall contain a provision that, when the entire  cost  of  any   such   contemplated   construction,  reconstruction,  rehabilitation  or   improvement shall exceed three million dollars in the  counties  of  the   Bronx,  Kings,  New York, Queens, and Richmond; one million five hundred   thousand dollars in the counties of Nassau, Suffolk and Westchester; and   five hundred thousand dollars in all other counties  within  the  state,   separate  specifications  shall  be  prepared  for  the  following three   subdivisions of the work to be performed:a. Plumbing and gas fitting;b. Steam heating, hot water heating, ventilating and air  conditioning   apparatus; andc. Electric wiring and standard illuminating fixtures.Such  specifications  shall  be  drawn  so as to permit the letting of   separate  and  independent  contracts  for  each  of  the  above   three   subdivisions of work. Except as otherwise provided by the public housing   law,  the  provisions  of  which  shall  apply when the developer is the   Yonkers city housing authority, every developer  or  general  contractor   undertaking   the   construction,   reconstruction,   rehabilitation  or   improvement of any such combined occupancy structure pursuant to  or  in   furtherance  of  the  provisions  of  this  article  shall  let separate   contracts to the lowest responsible bidder for the three subdivisions of   the above specified work to persons, firms or corporations  approved  by   the  chairman  of  the fund as being qualified, responsible and reliable   bidders engaged in these classes of work.  All  such  qualified  bidders   engaged  in  the  above  specified  work shall be entitled to bid and to   receive, upon request, a copy of the plans and specifications. All  such   bids  shall  be  submitted to the fund and shall be opened publicly at a   stated time and place.2-a. Each bidder on a public work contract, where the  preparation  of   separate  specifications  is  not  required, shall submit with its bid a   separate sealed list that names each subcontractor that the bidder  will   use  to  perform  work on the contract, and the agreed-upon amount to be   paid to each, for: a. plumbing and gas fitting, b.  steam  heating,  hot   water  heating,  ventilating  and  air  conditioning  apparatus  and  c.   electric wiring and standard illuminating fixtures. After the low bid is   announced, the sealed list of subcontractors submitted with such low bid   shall be opened and the names of such subcontractors shall be announced,   and thereafter any change of subcontractor or agreed-upon amount  to  be   paid  to  each  shall  require  the approval of the public owner, upon a   showing presented to the public owner of  legitimate  construction  need   for  such  change,  which shall be open to public inspection. Legitimate   construction need shall include, but not be  limited  to,  a  change  in   project  specifications,  a  change  in  construction  material costs, a   change to subcontractor status as determined pursuant to  paragraph  (e)   of  subdivision  two of section two hundred twenty-two of the labor law,   or  the  subcontractor  has  become  otherwise  unwilling,   unable   or   unavailable   to   perform   the   subcontract.   The  sealed  lists  of    subcontractors submitted by all other bidders shall be returned to  them   unopened after the contract award.3.  a. In addition to other bond or bonds, if any, required by law for   the completion of the school portion of a combined occupancy  structure,   or  in  the absence of any such requirement, the fund shall nevertheless   require, prior to the approval of any lease or other agreement providing   for the construction, reconstruction, rehabilitation or  improvement  of   any  combined occupancy structure, that the developer, if other than the   Yonkers city housing authority, or general contractor,  furnish  a  bond   guaranteeing  prompt  payment  of  moneys  due to all persons furnishing   labor or materials to or for the person furnishing said bond or  to  his   or her subcontractors in the prosecution of the entire work provided for   in  such lease or other agreement. Whenever the developer is the Yonkers   city housing authority, it shall require  each  of  its  contractors  to   furnish such bond to said authority and fund with respect to the work to   be  performed and materials supplied by such contractor, and no separate   or other payment bond shall be required to be furnished to the fund.b. A copy of such payment bond shall be kept  in  the  office  of  the   chairman  of the fund and a copy shall also be kept in the office of the   board of education; such copies shall be open to public inspection.c. Every person who has furnished labor or material,  to  or  for  the   developer  or  general  contractor or contractor furnishing such payment   bond or to his or her subcontractors in  the  prosecution  of  the  work   provided  for  in  the  lease  or  other agreement for which the bond is   furnished and who  has  not  been  paid  in  full  therefor  before  the   expiration of a period of ninety days after the day on which the last of   the  labor  was  performed  or  material was furnished by him or her for   which the claim is made, shall have the right to  sue  on  such  payment   bond  in  his  or  her  own name for the amount, or the balance thereof,   unpaid at the time of commencement of  the  action;  provided,  however,   that   a   person  having  a  direct  contractual  relationship  with  a   subcontractor of the developer or contractor furnishing the payment bond   but no contractual relationship express or implied with  such  developer   or  contractor  shall not have a right of action upon the bond unless he   or she shall have given written notice to such developer  or  contractor   furnishing  the  bond within ninety days from the date on which the last   of the labor was performed or the last of the  material  was  furnished,   for  which  his  or her claim is made, stating with substantial accuracy   the amount claimed and the name of the party to whom  the  material  was   furnished  or  for  whom  the  labor  was performed. The notice shall be   served by delivering the same personally to the developer or  contractor   furnishing  said bond or by mailing the same by registered mail, postage   prepaid, in an envelope addressed to such developer or contractor at any   place where he or she  maintains  an  office  or  conducts  his  or  her   business or at his or her residence.