Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 151-A
Separate specifications for certain subdivisions of work involved in the construction or alteration of buildings as a part of or in conne...
Public Housing (PBG) CHAPTER 44-A, ARTICLE 8
§ 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 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 entering 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 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. 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.
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. 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.