New York Laws
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; 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
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.