A. 4390 2
c. Electric wiring and standard illuminating fixtures.
5. 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)
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.
S 2. Paragraphs (b) and (b-1) of subdivision 7 of section 120-w of the
general municipal law, paragraph (b) as amended and paragraph (b-1) as
added by section 2 of part MM of chapter 57 of the laws of 2008, are
amended to read as follows:
(b) [Except as otherwise provided in section two hundred twenty-two of
the labor law, when] 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 thousand dollars in all other counties within the state, the
project developer shall prepare separate specifications for the follow-
ing subdivisions of such work, so as to permit separate and independent
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.
(b-1) 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: (i) plumbing and gas fitting, (ii) steam heating, hot
water heating, ventilating and air conditioning apparatus and (iii)
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],
A. 4390 3
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.
S 3. 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 work for the state.
[Except as otherwise provided in section two hundred twenty-two of the
labor law, every] 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
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. Plumbing and gas fitting.
2. Steam heating, hot water heating, ventilating and air conditioning
apparatus.
3. Electric wiring and standard illuminating fixtures.
Such specifications must be so drawn as to permit separate and inde-
pendent bidding upon each of the above three subdivisions of work. All
contracts hereafter awarded by the state or a department, board, commis-
sioner 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.
Each bidder on a public work contract, where the preparation of sepa-
rate specifications is not required, shall submit with its bid a sepa-
rate 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 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.
Nothing in this section shall be construed to prevent the authorities
in charge of any state building, from performing any such branches of
A. 4390 4
work by or through their regular employees, or in the case of public
institutions, by the inmates thereof.
S 4. Subdivisions 1 and 2-a of section 151-a of the public housing
law, subdivision 1 as amended and subdivision 2-a as added by section 4
of part MM of chapter 57 of the laws of 2008, are amended to read as
follows:
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 muni-
cipality, or any officer, board, department, commission or other agency
thereof charged with the duty of preparing specifications or awarding or
entering into contracts involving the erection, construction, recon-
struction 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 coun-
ties 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 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-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)
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.
S 5. Subdivisions 2 and 2-a of section 458 of the education law,
subdivision 2 as amended and subdivision 2-a as added by section 5 of
part MM of chapter 57 of the laws of 2008, are amended to read as
follows:
2. [Except as otherwise provided in section two hundred twenty-two of
the labor law, every] 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 the
school portion of the work in any combined occupancy structure shall
contain a provision that, when the entire cost of any such contemplated
A. 4390 5
construction, reconstruction, 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, separate specifications shall be prepared for the
following three subdivisions of the work on the school portion 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.
Such specifications shall be drawn so as to permit the letting of
separate and independent contracts for each of the above three subdivi-
sions of work. Within the above three subdivisions of work, any equip-
ment, apparatus and/or installations which shall be designed to service
the entire combined occupancy structure shall be included within the
school portion of the work or let as separate and independent contracts
even if physically located within the non-school portion of the work.
Except as otherwise provided by the public housing law, the provisions
of which shall apply when the developer is the New York 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. 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)
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.
S 6. Subdivisions 2 and 2-a of section 482 of the education law,
subdivision 2 as amended and subdivision 2-a as added by section 6 of
A. 4390 6
part MM of chapter 57 of the laws of 2008, are amended to read as
follows:
2. [Except as otherwise provided in section two hundred twenty-two of
the labor law, every] 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, reha-
bilitation 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; and
c. 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 subdivi-
sions 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 undertak-
ing 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 speci-
fied 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. 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)
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.
S 7. Subdivisions 2 and 2-a of section 1045-i of the public authori-
ties law, subdivision 2 as amended and subdivision 2-a as added by
A. 4390 7
section 7 of part MM of chapter 57 of the laws of 2008, are 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
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] WHEN the entire cost of constructing
a building as part of any water project shall exceed three million
dollars, the city shall prepare separate specifications for the follow-
ing 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 illuminat-
ing fixtures, (viii) shall provide for the discontinuance or discon-
nection 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 discontin-
uance or disconnection of any supply of water or the provision of sewer-
age 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.
2-a. Each bidder on a public work contract, where the preparation of
separate specifications is not required, shall submit with its bid a
A. 4390 8
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)
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.
S 8. Subdivisions 2 and 2-a of section 1048-i of the public authori-
ties law, subdivision 2 as amended and subdivision 2-a as added by
section 8 of part MM of chapter 57 of the laws of 2008, are 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
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
A. 4390 9
twenty-two of the labor law, when] WHEN the entire cost of constructing
a building as part of any water project shall exceed five hundred thou-
sand dollars, 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) electric wiring and standard illumi-
nating fixtures, (viii) shall provide for the discontinuance or discon-
nection of the supply of water for non-payment of fees, rates, rents or
other charges therefor imposed by the water board, provided such discon-
tinuance 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 water-
works 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.
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)
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.
S 9. Paragraphs (b) and (c-1) of subdivision 10 of section 3303 of the
public authorities law, paragraph (b) as amended and paragraph (c-1) as
added by section 9 of part MM of chapter 57 of the laws of 2008, are
amended to read as follows:
(b) [Except as otherwise provided in section two hundred twenty-two of
the labor law, when] WHEN the entire cost of constructing such building,
exclusive of any medical equipment, apparatus or devices, shall exceed
one million five hundred thousand dollars, the project developer shall
prepare separate specifications for the following subdivisions of such
work, so as to permit separate and independent bidding upon each subdi-
vision:
(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.
(c-1) 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
A. 4390 10
paid to each, for: (i) plumbing and gas fitting, (ii) steam heating, hot
water heating, ventilating and air conditioning apparatus and (iii)
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 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.
S 10. Paragraphs (b) and (c-1) of subdivision 9 of section 3402 of the
public authorities law, paragraph (b) as amended and paragraph (c-1) as
added by section 10 of part MM of chapter 57 of the laws of 2008, are
amended to read as follows:
(b) [Except as otherwise provided in section two hundred twenty-two of
the labor law, when] WHEN the entire cost of constructing such building,
exclusive of any medical equipment, apparatus or devices, shall exceed
one million five hundred thousand dollars, the project developer shall
prepare separate specifications for the following subdivisions of such
work, so as to permit separate and independent bidding upon each subdi-
vision:
(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.
(c-1) 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: (i) plumbing and gas fitting, (ii) steam heating, hot
water heating, ventilating and air conditioning apparatus and (iii)
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 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.
S 11. Paragraphs (b) and (c-1) of subdivision 9 of section 3603 of the
public authorities law, paragraph (b) as amended and paragraph (c-1) as
A. 4390 11
added by section 11 of part MM of chapter 57 of the laws of 2008, are
amended to read as follows:
(b) [Except as otherwise provided in section two hundred twenty-two of
the labor law, when] WHEN the entire cost of constructing such building,
exclusive of any medical equipment, apparatus or devices, shall exceed
five hundred thousand dollars, the project developer shall prepare sepa-
rate specifications for the following subdivisions of such work, so as
to permit separate and independent 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.
(c-1) 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: (i) plumbing and gas fitting, (ii) steam heating, hot
water heating, ventilating and air conditioning apparatus and (iii)
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 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.
S 12. Paragraphs (b) and (c-1) of subdivision 11 of section 3628 of
the public authorities law, paragraph (b) as amended and paragraph (c-1)
as added by section 12 of part MM of chapter 57 of the laws of 2008, are
amended to read as follows:
(b) [Except as otherwise provided in section two hundred twenty-two of
the labor law, when] WHEN the entire cost of constructing such building,
exclusive of any medical equipment, apparatus, or devices, exceeds five
hundred thousand dollars, the project developer shall prepare separate
specifications for the following subdivisions of such work, so as to
permit separate and independent 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.
(c-1) 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: (i) plumbing and gas fitting, (ii) steam heating, hot
water heating, ventilating and air conditioning apparatus and (iii)
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,
A. 4390 12
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 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.
S 13. Subdivision (c) of section 4 of chapter 560 of the laws of 1980,
authorizing the city of New York to adopt a solid 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:
(c) [Except as otherwise provided in section 222 of the labor law,
every] EVERY contract, lease or other agreement entered into, pursuant
to this section, by the city of New York for construction, recon-
struction, rehabilitation 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, sepa-
rate specifications shall be prepared for the following three subdivi-
sions of work:
(1) Plumbing and gas fitting;
(2) Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
(3) Electric wiring and standard illuminating fixtures.
Such specifications shall be drawn to permit the letting of separate
and independent contracts by the developer for each of these three
subdivisions of work. The city of New York may, at its discretion,
direct that such specifications include minimum qualifications for
bidders with regard to licensing, bonding capacity, minority partic-
ipation, and past performance on prior contracts. Every developer under-
taking the construction, reconstruction, rehabilitation, or improvement
of the buildings of a solid waste recovery and management facility
pursuant to the provisions of its contract with the city of New York
shall let separate contracts to the lowest responsible bidder for the
three subdivisions of the above specified work, to any persons who are
responsible and reliable bidders engaged in these classes of work. Any
such contracts shall be contracts of the developer and not of the city
of New York. The city of New York shall have no obligations or liabil-
ities, whatsoever, thereunder. The developer shall have the responsibil-
ity for supervision and coordination of work under such separate
contracts.
Each bidder on a public work contract, where the preparation of sepa-
rate specifications is not required, shall submit with its bid a sepa-
rate 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
A. 4390 13
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 2 of section 222 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.
The city of New York shall also have the right to reject any bidder
not meeting the reasonable and justifiable qualifications that it has
established for bidders. All 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 delivered
to such city and be opened publicly at a stated time and place, by a
designated municipal employee.
Notwithstanding any law or agreement that requires a bond or bonds,
the city of New York shall in addition require, prior to the approval of
any contract, lease, or agreement providing for the construction, recon-
struction, rehabilitation, or improvement of any building for a solid
waste recovery and management facility, that the developer, if other
than the city of New York, furnish a bond guaranteeing prompt payment of
moneys that are due to all persons furnishing labor or materials in the
conduct of work provided for in such contract, lease, or other agree-
ment. A copy of such payment bond shall be kept by the city and shall be
open to public inspection.
The requirements to subcontract, contained herein, shall not apply to
the system to be used for receiving, processing, handling or storing
waste, or the products and by-products derived therefrom, or materials
used in such processing or handling of the system and any equipment or
property involving proprietary or trade secrets.
S 14. Section 9 of chapter 892 of the laws of 1971 amending the public
authorities law and other laws relating to enabling the dormitory
authority to construct and finance dormitories, buildings and health
facilities, as amended by section 14 of part MM of chapter 57 of the
laws of 2008, is amended to read as follows:
S 9. [Except as otherwise provided in section 222 of the labor law,
the] 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,
shall prepare separate specifications for the following three subdivi-
sions 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.
Such specifications must be so drawn as to permit separate and inde-
pendent bidding on each day of the above three subdivisions of work. All
contracts awarded by the dormitory authority for the erection,
construction, reconstruction or alteration of buildings, or any part
thereof, pursuant to the provisions added by this act shall award the
three subdivisions of the above specified work separately to responsible
A. 4390 14
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.
Each bidder on a public work contract, where the preparation of sepa-
rate specifications is not required, shall submit with its bid a sepa-
rate 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 2 of section 222 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.
Nothing in this section shall be construed to prevent the dormitory
authority from performing any such branches of work by or through its
regular employees.
S 15. Section 222 of the labor law is REPEALED.
S 16. This act shall take effect immediately.