LBD05239-01-3
A. 2031 2
c. Electric wiring and standard illuminating fixtures.
2. A. Such specifications shall be drawn so as to permit separate and
independent bidding upon each of the above three subdivisions of work.
All contracts awarded by any political subdivision or by an officer,
board or agency thereof, or of any district therein, for the erection,
construction, reconstruction or alteration of buildings, or any part
thereof, shall award the three subdivisions of the above specified work
separately in the manner provided by section one hundred three of this
chapter. Nothing in this section shall be construed to prevent any poli-
tical subdivision from performing any such branches of work by or
through their regular employees, or in the case of public institutions,
by the inmates thereof.
B. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHERE THE ESTIMATED
COST OF ANY OF THE THREE SUBDIVISIONS OF WORK TO BE PERFORMED DOES NOT
EXCEED TEN PERCENT OF THE APPLICABLE DOLLAR THRESHOLD IN SUBDIVISION
FOUR OF THIS SECTION, THE PUBLIC OWNER SHALL NOT BE REQUIRED TO PREPARE
SEPARATE SPECIFICATIONS FOR, OR BID SUCH SUBDIVISION OF WORK AS A SEPA-
RATE CONTRACT.
S 2. Subdivisions 3 and 4 of section 101 of the general municipal law
are REPEALED and two new subdivisions 3 and 4 are added to read as
follows:
3. SPECIFICATIONS FOR PUBLIC WORK PERTAINING TO THE ERECTION,
CONSTRUCTION, RECONSTRUCTION OR ALTERATION OF BUILDINGS MAY PROVIDE FOR
THE ASSIGNMENT OF RESPONSIBILITY FOR SUPERVISION AND COORDINATION OF ANY
OR ALL CONTRACTS FOR SUCH WORK TO A SINGLE RESPONSIBLE AND RELIABLE
PERSON, FIRM OR CORPORATION WHICH HAS NOT BEEN AWARDED A CONTRACT FOR
ANY OTHER PORTION OF SUCH WORK.
4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO PUBLIC WORK AS
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WHEN THE ENTIRE COST OF
SUCH WORK EXCEEDS THREE MILLION DOLLARS.
S 3. Paragraph (b) of subdivision 7 of section 120-w of the general
municipal law, as amended by section 2 of part MM of chapter 57 of the
laws of 2008, is amended to read as follows:
(b) Except as otherwise provided in section two hundred twenty-two of
the labor law, when the entire cost of constructing such building 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 thou-
sand dollars in all other counties within the state,] THE DOLLAR LIMITS
PROVIDED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED ONE OF THIS CHAPTER
the project developer shall prepare separate specifications for the
following subdivisions of such work, so as to permit separate and inde-
pendent bidding upon each subdivision:
(i) plumbing and gas fittings;
(ii) steam heating, hot water heating, ventilating and air condition-
ing apparatus; and
(iii) electric wiring and standard illuminating fixtures.
S 4. Section 135 of the state finance law, as amended by section 3 of
part MM of chapter 57 of the laws of 2008, is amended to read as
follows:
S 135. Separate specifications for [contract] CERTAIN PUBLIC work for
the state. 1. Except as otherwise provided in section two hundred twen-
ty-two of the labor law, every officer, board, department, commission or
commissions, charged with the duty of preparing specifications or award-
ing or entering into contracts for the erection, construction or alter-
ation of buildings, for the state[, when the entire cost of such work
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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,] must
have prepared separate specifications for each of the following three
subdivisions of the work to be performed:
[1.] (A) Plumbing and gas fitting.
[2.] (B) Steam heating, hot water heating, ventilating and air condi-
tioning apparatus.
[3.] (C) Electric wiring and standard illuminating fixtures.
2. (A) Such specifications must be so drawn as to permit separate and
independent bidding upon each of the above three subdivisions of work.
All contracts hereafter awarded by the state or a department, board,
commissioner or officer thereof, for the erection, construction or
alteration of buildings, or any part thereof, shall award the three
subdivisions of the above specified work separately to responsible and
reliable persons, firms or corporations engaged in these classes of
work. A contract for one or more buildings in any project shall be
awarded to the lowest responsible bidder for all the buildings included
in the specifications.
(B) 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)] (1) plumbing and gas fitting, [(b)] (2) steam
heating, hot water heating, ventilating and air conditioning apparatus
and [(c)] (3) 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.
(C) Nothing in this section shall be construed to prevent the authori-
ties in charge of any state building, from performing any such branches
of work by or through their regular employees, or in the case of public
institutions, by the inmates thereof.
(D) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHERE THE ESTI-
MATED COST OF ANY OF THE THREE SUBDIVISIONS OF WORK TO BE PERFORMED DOES
NOT EXCEED TEN PERCENT OF THE APPLICABLE DOLLAR THRESHOLD IN SUBDIVISION
FOUR OF THIS SECTION, THE PUBLIC OWNER SHALL NOT BE REQUIRED TO PREPARE
SEPARATE SPECIFICATIONS FOR, OR BID SUCH SUBDIVISION OF WORK AS A SEPA-
RATE CONTRACT.
3. SPECIFICATIONS FOR PUBLIC WORK PERTAINING TO THE ERECTION,
CONSTRUCTION, RECONSTRUCTION OR ALTERATION OF BUILDINGS MAY PROVIDE FOR
THE ASSIGNMENT OF RESPONSIBILITY FOR SUPERVISION AND COORDINATION OF ANY
OR ALL CONTRACTS FOR SUCH WORK TO A SINGLE RESPONSIBLE AND RELIABLE
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PERSON, FIRM OR CORPORATION WHICH HAS NOT BEEN AWARDED A CONTRACT FOR
ANY OTHER PORTION OF SUCH WORK.
4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO PUBLIC WORK AS
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WHEN THE ENTIRE COST OF
SUCH WORK EXCEEDS THREE MILLION DOLLARS.
S 5. Section 151-a of the public housing law, as amended by chapter
572 of the laws of 1964, subdivision 1 as amended and subdivision 2-a as
added by section 4 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
S 151-a. Separate specifications for certain [subdivisions of work
involved in the construction or alteration of buildings as a part of or
in connection with] PUBLIC WORK INVOLVING housing projects. [1.]
Notwithstanding any inconsistent provision of this chapter or any other
general, special or local law, except as otherwise provided in section
two hundred twenty-two of the labor law, any authority or municipality,
or any officer, board, department, commission or other agency thereof
charged with the duty of preparing specifications or awarding or enter-
ing into contracts involving the erection, construction, reconstruction
or alteration of any building or other appurtenance as a part of or in
connection with a project or any part thereof in any part of the state
under or pursuant to the authority of this chapter[, when the entire
cost of such work 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 West-
chester; and five hundred thousand dollars in all other counties within
the state, must have prepared separate specifications 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; and
c. Electric wiring and standard illuminating fixtures.
2. Such specifications must be so drawn as to permit separate and
independent bidding upon each of the above three subdivisions of work.
All contracts hereafter awarded by any such authority or municipality,
or any officer, board, department, commission or other agency thereof,
involving the erection, construction, reconstruction or alteration of
any building as a part of or in connection with any project under or
pursuant to this chapter, shall award the three subdivisions of the
above specified work separately to responsible and reliable persons,
firms or corporations engaged in such classes of work.
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. elec-
tric 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)
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of subdivision two of section two hundred twenty-two of the labor law,
or the subcontractor has become otherwise unwilling, unable or unavail-
able 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. Nothing in this section shall be construed to prevent any such
authority or municipality in charge of any such project from performing
any such branches of work by or through their regular employees] SHALL
CONTRACT FOR PUBLIC WORK INVOLVING HOUSING PROJECTS PURSUANT TO SECTION
ONE HUNDRED ONE OF THE GENERAL MUNICIPAL LAW.
S 6. The opening paragraph of subdivision 2 of section 458 of the
education law, as amended by section 5 of part MM of chapter 57 of the
laws of 2008, is amended to read as follows:
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, recon-
struction, rehabilitation or improvement of the school portion of the
work in any combined occupancy structure shall contain a provision that,
when the entire cost of any such contemplated construction, recon-
struction, rehabilitation or improvement for the school portion of the
work 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,] THE
DOLLAR LIMITS PROVIDED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED ONE OF
THE GENERAL MUNICIPAL LAW separate specifications shall be prepared for
the following three subdivisions of the work on the school portion to be
performed:
S 7. The opening paragraph of subdivision 2 of section 482 of the
education law, as amended by section 6 of part MM of chapter 57 of the
laws of 2008, is amended to read as follows:
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, recon-
struction, 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,]
THE DOLLAR LIMITS PROVIDED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED
ONE OF THE GENERAL MUNICIPAL LAW separate specifications shall be
prepared for the following three subdivisions of the work to be
performed:
S 8. Subdivision 2 of section 1045-i of the public authorities law, as
amended by section 7 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
2. Any such agreements (i) shall describe in sufficient detail for
reasonable identification the particular water project to be financed in
whole or in part by the authority, (ii) shall describe the plan for the
financing of the cost of the construction of such water project, includ-
ing the amount, if any, to be provided by the water board and the source
or sources thereof, (iii) shall set forth the method by which and by
whom and the terms and conditions upon which moneys provided by the
authority shall be disbursed, (iv) may require, in the discretion of the
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authority, the payment to the authority of the proceeds of any state and
federal grants available to the water board, (v) shall provide for the
establishment of user fees, rates, rents and other charges and the
charging and collection thereof by the water board for the use of, or
services furnished, rendered or made available by such system such as to
provide that such board receive revenues at least sufficient, together
with other revenues of the board, if any, to meet the requirements of
subdivision one of section one thousand forty-five-j of this title,
provided that revenues received by such board shall be deposited in a
special fund established pursuant to this title and disbursed to, and
upon certification of, the authority, (vi) may provide for the transfer
by the city to the water board pursuant to section one thousand forty-
five-h of this title of ownership of the sewerage system or water
system, or both, as the case may be, of which such project will form a
part by the city, (vii) shall provide for the construction and
completion of such water project by the city and for the operation,
maintenance and repair thereof as an integrated part of the system of
which such water project forms a part, subject to such terms and condi-
tions, not inconsistent with this title, which may be in the public
interest and necessary or desirable properly and adequately to secure
the holders of bonds of the authority, provided, however, all contracts
for public work and all purchase contracts shall be awarded by the city
as provided by law for the award of such contracts by the city and that
all contracts for construction shall be let in accordance with the
provisions of state law pertaining to prevailing wages, labor standards
and working hours. Except as otherwise provided in section two hundred
twenty-two of the labor law, when the entire cost of constructing a
building as part of any water project shall exceed [three million
dollars] THE DOLLAR LIMITS PROVIDED IN SUBDIVISION FOUR OF SECTION ONE
HUNDRED ONE OF THE GENERAL MUNICIPAL LAW, the city shall prepare sepa-
rate specifications 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; and (c) electric
wiring and standard illuminating fixtures, (viii) shall provide for the
discontinuance or disconnection of the supply of water or the provision
of sewerage service, or both, as the case may be, for non-payment of
fees, rates, rents or other charges therefor imposed by the water board,
provided such discontinuance or disconnection of any supply of water or
the provision of sewerage service, or both, as the case may be, shall
not be carried out except in the manner and upon the notice as is
required of a waterworks corporation pursuant to subdivisions three-a,
three-b and three-c of section eighty-nine-b and section one hundred
sixteen of the public service law, and (ix) in the discretion of the
authority, require reports concerning the project from the water board
to the authority and the city.
S 9. Subdivision 2 of section 1048-i of the public authorities law, as
amended by section 8 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
2. Any such agreements (i) shall describe in sufficient detail for
reasonable identification the particular water project to be financed in
whole or in part by the authority, (ii) shall describe the plan for the
financing of the cost of the construction of such water project, includ-
ing the amount, if any, to be provided by the water board and the source
or sources thereof, (iii) shall set forth the method by which and by
whom and the terms and conditions upon which moneys provided by the
authority shall be disbursed, (iv) may require, in the discretion of the
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authority, the payment to the authority of the proceeds of any state and
federal grants available to the water board, (v) shall provide for the
establishment of user fees, rates, rents and other charges and the
charging and collection thereof by the water board for the use of, or
services furnished, rendered or made available by such system such as to
provide that such board receive revenues at least sufficient, together
with other revenues of the board, if any, to meet the requirements of
subdivision one of section one thousand forty-eight-j of this title,
provided that revenues received by such board shall be deposited in a
special fund established pursuant to this title and disbursed to, and
upon certification of, the authority, (vi) may provide for the transfer
by the city to the water board pursuant to section one thousand forty-
eight-h of this title of ownership of the water system of which such
project will form a part, (vii) shall provide for the construction and
completion of such water project by the city and for the operation,
maintenance and repair thereof as an integrated part of the system of
which such water project forms a part, subject to such terms and condi-
tions, not inconsistent with this title, which may be in the public
interest and necessary or desirable properly and adequately to secure
the holders of bonds of the authority, provided, however, all contracts
for public work and all purchase contracts shall be awarded by the city
as provided by law for the award of such contracts by the city and that
all contracts for construction shall be let in accordance with the
provisions of state law pertaining to prevailing wages, labor standards
and working hours. Except as otherwise provided in section two hundred
twenty-two of the labor law, when the entire cost of constructing a
building as part of any water project shall exceed [five hundred thou-
sand dollars] THE DOLLAR LIMITS PROVIDED IN SUBDIVISION FOUR OF SECTION
ONE HUNDRED ONE OF THE GENERAL MUNICIPAL LAW, the city shall prepare
separate specifications 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; and (c) elec-
tric wiring and standard illuminating fixtures, (viii) shall provide for
the discontinuance or disconnection of the supply of water for non-pay-
ment of fees, rates, rents or other charges therefor imposed by the
water board, provided such discontinuance or disconnection of any supply
of water shall not be carried out except in the manner and upon the
notice as is required of a waterworks corporation pursuant to subdivi-
sions three-a, three-b and three-c of section eighty-nine-b and section
one hundred sixteen of the public service law, and (ix) in the
discretion of the authority, require reports concerning the project from
the water board to the authority and the city.
S 10. The opening paragraph of section 9 of chapter 892 of the laws of
1971, amending the public authorities law relating to construction by
the dormitory authority, as amended by section 14 of part MM of chapter
57 of the laws of 2008, is amended to read as follows:
Except as otherwise provided in section 222 of the labor law, the
dormitory authority in awarding or entering into contracts for the
erection, construction, reconstruction or alteration of buildings,
pursuant to the provisions added by this act, when the entire cost of
such work 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]
THE DOLLAR LIMITS PROVIDED IN SUBDIVISION 4 OF SECTION 135 OF THE STATE
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FINANCE LAW, shall prepare separate specifications for the following
three subdivisions of the work to be performed:
S 11. The opening paragraph of subdivision (c) of section 4 of chapter
560 of the laws of 1980 relating to authorizing the city of New York to
adopt a waste management law, as amended by section 13 of part MM of
chapter 57 of the laws of 2008, is amended to read as follows:
Except as otherwise provided in section 222 of the labor law, every
contract, lease or other agreement entered into, pursuant to this
section, by the city of New York for construction, reconstruction, reha-
bilitation or improvement of buildings for a solid waste recovery and
management facility shall contain a provision that, when the entire cost
of such work shall exceed [three million dollars] THE DOLLAR LIMITS
PROVIDED IN SUBDIVISION 4 OF SECTION 101 OF THE GENERAL MUNICIPAL LAW,
separate specifications shall be prepared for the following three subdi-
visions of work:
S 12. This act shall take effect immediately and shall apply to all
subject contracts bid on and after January first next succeeding such
effective date.