NY Educ L § 376 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 8-A - State University Construction Fund 376 - Letting of Construction Contracts.

§ 376. Letting of construction contracts. 1. After May first, nineteen   hundred  sixty-two,  the  fund  as  agent for the state university shall   construct, acquire, reconstruct, rehabilitate and improve, or  cause  to   be constructed, acquired, reconstructed, rehabilitated and improved, all   academic  buildings, dormitories and other facilities to be constructed,   acquired, reconstructed, rehabilitated  or  improved  at  state-operated   institutions or statutory or contract colleges under the jurisdiction of   the  state  university,  provided  that  legislation  or  appropriations   authorizing the same (i) have been requested  by  the  state  university   trustees,  (ii)  have  been recommended by the governor in a budget bill   relating to a state fiscal year commencing  on  or  after  April  first,   nineteen   hundred  sixty-two  which  specifies  the  facilities  to  be   constructed, acquired, reconstructed, rehabilitated or improved and  the   total  estimated  cost  for  each  such  facility,  and  (iii) have been   approved by the legislature for such state fiscal year. With respect  to   state  fiscal years commencing on or after April first, nineteen hundred   sixty-three, the budget bill referred to in the preceding sentence shall   include in addition to the items stated the date when it is desired that   the  construction,  acquisition,   reconstruction,   rehabilitation   or   improvement  of  each facility referred to therein be completed, and all   work for such purposes shall be performed in such manner  as  to  assure   completion, so far as practicable, by the dates specified.2.  The  fund  may  construct,  acquire, reconstruct, rehabilitate and   improve such facilities, other than dormitories, by its  own  employees,   by  agreement  with  a  state  retirement  system  or  any  state agency   authorized to perform such work, or  by  contract  awarded  pursuant  to   subdivision eight of this section.3.  The  fund  may  construct,  acquire, reconstruct, rehabilitate and   improve dormitories only  by  agreement  with  the  dormitory  authority   established  under title four of the public authorities law, except that   if the dormitory authority indicates its  unwillingness  to  enter  into   such  an  agreement  with  the  fund  for  such  purpose,  the  fund may   construct,  acquire,  reconstruct,   rehabilitate   and   improve   such   dormitories  by  its own employees, by agreement with a state retirement   system  or  any  state  agency  (other  than  the  dormitory  authority)   authorized  to  perform  such  work,  or by contract awarded pursuant to   subdivision eight of this section, subject, however, to  the  rights  of   holders  of  outstanding bonds and notes of the dormitory authority with   respect to existing dormitories.4. In the event that the dormitory authority enters into an  agreement   with   the   fund   for   construction,   acquisition,   reconstruction,   rehabilitation or improvement of a facility for the state university, it   shall perform the work  required  or  cause  the  work  required  to  be   performed  in  accordance with the terms of such agreement either by its   own employees or by contract awarded pursuant to the provisions of title   four of the public authorities law. In the event any state agency  other   than  the dormitory authority enters into an agreement with the fund for   such work it shall perform the same either by its own  employees  or  by   contract awarded pursuant to subdivision eight of this section.5.  No  contract  for  the  construction, acquisition, reconstruction,   rehabilitation or improvement of  academic  buildings,  dormitories  and   other facilities shall be awarded by any letting agency unless the state   university trustees shall have approved the architectural concept of the   facility  to  be  constructed, acquired, reconstructed, rehabilitated or   improved and unless the fund shall have approved the proposed  terms  of   such  contract, including the detailed plans and specifications for such   facility. 6. Each contract for the  construction,  acquisition,  reconstruction,   rehabilitation  or  improvement  of  academic buildings, dormitories and   other facilities shall  include  a  provision  that  the  architect  who   designed  the  facility,  or  an architect or engineer, or, for projects   authorized  by  section  three  hundred  seventy-two-a of this article a   construction manager or other consultant, retained specifically for  the   purpose of supervision, shall supervise the work to be performed through   to  completion  and shall see to it that the materials furnished and the   work  performed  are   in   accordance   with   the   drawings,   plans,   specifications and contract therefor.7. Any letting agency may in its discretion award one contract for all   the  work  to be performed in construction, acquisition, reconstruction,   rehabilitation or improvement without separate and  independent  bidding   or letting on subdivisions of work to be performed.8.   * All  contracts  which  are  to  be  awarded  pursuant  to  this   subdivision shall be awarded by public letting in  accordance  with  the   following  provisions, notwithstanding any contrary provision of section   one hundred thirty-five, one hundred thirty-six, one hundred thirty-nine   or one hundred forty  of  the  state  finance  law  or  any  other  law,   provided,  however,  that  where  the  estimated expense of any contract   which may be awarded pursuant to  this  subdivision  is  less  than  two   hundred  fifty  thousand  dollars, a performance bond and a bond for the   payment of labor and material may, in the discretion of the fund, not be   required, and except that in the discretion of the fund, a contract  may   be  entered  into  for  such  purposes  without public letting where the   estimated expense thereof is less than twenty thousand dollars, or where   in the judgment of the fund an emergency condition exists as a result of   damage to an existing academic building,  dormitory  or  other  facility   which  has  been caused by an act of God, fire or other casualty, or any   other unanticipated, sudden and unexpected occurrence, that has resulted   in damage  to  or  a  malfunction  in  an  existing  academic  building,   dormitory  or  other  facility  and  involves  a  pressing necessity for   immediate repair, reconstruction or maintenance in order to  permit  the   safe continuation of the use or function of such facility, or to protect   the facility or the life, health or safety of any person, and the nature   of  the  work  is  such  that  in  the  judgment of the fund it would be   impractical and against the public  interest  to  have  public  letting;   provided, however, that the fund, prior to awarding a contract hereunder   because  of  an emergency condition notify the comptroller of its intent   to award such a contract:* NB Effective until June 30, 2026* All contracts which are to be awarded pursuant to  this  subdivision   shall  be  awarded  by  public  letting in accordance with the following   provisions,  notwithstanding  any  contrary  provision  of  section  one   hundred  thirty-five, one hundred thirty-six, one hundred thirty-nine or   one hundred forty of the state  finance  law,  provided,  however,  that   where  the  estimated  expense  of  any  contract  which  may be awarded   pursuant to this subdivision is less  than  fifty  thousand  dollars,  a   performance  bond  and a bond for the payment of labor and material may,   in the discretion of the fund, not be required, and except that  in  the   discretion of the fund, a contract may be entered into for such purposes   without  public letting where the estimated expense thereof is less than   twenty thousand dollars, or  where  in  the  judgment  of  the  fund  an   emergency condition exists as a result of damage to an existing academic   building, dormitory or other facility which has been caused by an act of   God,  fire  or  other  casualty,  or any other unanticipated, sudden and   unexpected occurrence, that has resulted in damage to or  a  malfunction   in  an  existing  academic  building,  dormitory  or  other facility and    involves a pressing necessity for immediate  repair,  reconstruction  or   maintenance  in  order  to  permit  the  safe continuation of the use or   function of such facility, or to  protect  the  facility  or  the  life,   health  or safety of any person, and the nature of the work is such that   in the judgment of the fund it would  be  impractical  and  against  the   public  interest  to  have  public  letting; provided, however, that the   fund, prior to awarding a contract hereunder  because  of  an  emergency   condition notify the comptroller of its intent to award such a contract:* NB Effective June 30, 2026a.  If  contracts  are  to  be  publicly let, the letting agency shall   advertise the invitation to bid in a newspaper published in the city  of   Albany  and  in  such  other  newspapers  as  will be most likely in its   opinion to give adequate notice to contractors of the work required  and   of  the  invitation  to  bid provided, however, that where the estimated   expense  of  any  contract  which  may  be  awarded  pursuant  to   this   subdivision  is less than fifty thousand dollars, the letting agency may   advertise  the  invitation  to  bid  solely  through   the   procurement   opportunities  newsletter  published  pursuant  to  section  one hundred   forty-two of the economic development law. The invitation to  bid  shall   contain  such  information  as the letting agency shall deem appropriate   and a statement of the time and place where all bids  received  pursuant   to such notice will be publicly opened and read.b.  The  letting  agency  shall  not  award  any contract after public   bidding except to the lowest bidder who in its opinion is  qualified  to   perform  the  work required and is responsible and reliable. The letting   agency may, however, reject any or all bids, again advertise  for  bids,   or  waive  any  informality  in  a  bid  if  it believes that the public   interest will be promoted thereby.c. The invitation to bid and the contract awarded shall  contain  such   other  terms  and  conditions, and such provisions for penalties, as the   letting agency may deem desirable.* d. Any contract awarded pursuant to this subdivision shall contain a   clause that the contract shall be deemed executory to the extent of  the   moneys  available  and  that  no liability shall be incurred by the fund   beyond the moneys available therefor.* NB Effective until June 30, 2026* d. The form of any contract awarded  pursuant  to  this  subdivision   shall  be  approved  by  the attorney general and by the comptroller and   shall contain a clause that the contract shall be  deemed  executory  to   the  extent  of  the  moneys  available  and  that no liability shall be   incurred by the fund beyond the moneys available therefor.* NB Effective June 30, 2026e. The letting agency shall require such deposits, bonds and  security   in  connection  with  the submission of bids, the award of contracts and   the performance of work as it  shall  determine  to  be  in  the  public   interest  and for the protection of the state, the state university, the   fund and the letting agency.f. Notwithstanding the provisions of any other law  to  the  contrary,   all   contracts   for  public  work  awarded  by  the  state  university   construction fund pursuant to this subdivision shall  be  in  accordance   with section one hundred thirty-nine-f of the state finance law.9.  No  payments  shall  be  made by the comptroller from appropriated   moneys on account of any construction contract for a facility until  the   bills  or  estimates  presented  for  such  payment shall have been duly   certified to be correct (i) by the chairman of the fund or by an officer   of the fund duly designated for that purpose, or (ii) if  the  dormitory   authority  is  the  letting  agency,  by  the  chairman thereof or by an   officer or employee thereof duly designated for that purpose. 10. Whenever the fund  deems  it  necessary  as  a  result  of  or  in   connection   with   the   construction,   acquisition,   reconstruction,   rehabilitation and improvement of any academic building, dormitory,  and   other  facility,  to  provide  for the removal, relocation, replacement,   reconstruction,  repair  or  extension  by a municipality, county, town,   village or public service corporation,  of  water  mains,  sewer  pipes,   telephone lines and other facilities maintained for public use and owned   by   such   municipality,   county,  town,  village  or  public  service   corporation, it shall have the power to contract with such municipality,   county,  town,  village  or  public   service   corporation   and   such   municipality,  county, town, village or public service corporation shall   have the power to contract with the fund, for such removal,  relocation,   replacement,  reconstruction, repair or extension. The contract for such   removal, relocation, replacement, reconstruction,  repair  or  extension   may,  at the discretion of the fund, be entered into by the fund without   the necessity of public bidding or public letting. Upon  the  completion   and  acceptance  by  the  fund  of  the  performance  of  such  removal,   relocation, replacement, reconstruction, repair or extension, said water   mains, sewer pipes,  telephone  lines  and  other  facilities  shall  be   maintained  by the municipality, county, town, village or public service   corporation, as the case may be.