Bill Text: NY A10483 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires transparent methods of subcontracting by general contractors who enter public work contracts with the New York state dormitory authority.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-04-13 - reported referred to ways and means [A10483 Detail]
Download: New_York-2009-A10483-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10483
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to transparent
methods of subcontracting by general contractors who enter public work
contracts with the New York state dormitory authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1676-a of the public authorities law, as added by
2 chapter 769 of the laws of 1978, is amended to read as follows:
3 S 1676-a. [Payment] CONTRACTS FOR AND PAYMENT on authority public work
4 projects. 1. Notwithstanding the provisions of any other law to the
5 contrary, all contracts for public work awarded by the dormitory author-
6 ity pursuant to this title shall be in accordance with section one
7 hundred thirty-nine-f of the state finance law. For the purposes of this
8 section, public work by the dormitory authority shall include but not be
9 limited to the construction of dormitories and other related structures
10 as defined in paragraph a of subdivision two of section sixteen hundred
11 seventy-six of this title, boards of cooperative educational services as
12 defined in paragraph d of subdivision two of section sixteen hundred
13 seventy-six of this title, locally sponsored community colleges as
14 defined in subdivision seven of section sixteen hundred seventy-six of
15 this title, and the city university as defined in subdivision eight of
16 section sixteen hundred seventy-six of this title.
17 2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY,
18 EACH BIDDER ON A PUBLIC WORK CONTRACT, WHERE THE PREPARATION OF SEPARATE
19 SPECIFICATIONS IS NOT REQUIRED, SHALL SUBMIT WITH ITS BID A SEPARATE
20 SEALED LIST THAT NAMES EACH SUBCONTRACTOR THAT THE BIDDER WILL USE TO
21 PERFORM WORK ON THE CONTRACT, AND THE AGREED-UPON AMOUNT TO BE PAID TO
22 EACH FOR: (I) PLUMBING AND GAS FITTING, (II) STEAM HEATING, HOT WATER
23 HEATING, VENTILATING AND AIR CONDITIONING APPARATUS AND (III) ELECTRIC
24 WIRING AND STANDARD ILLUMINATING FIXTURES. AFTER THE LOW BID IS
25 ANNOUNCED, THE SEALED LIST OF SUBCONTRACTORS SUBMITTED WITH SUCH LOW BID
26 SHALL BE OPENED AND THE NAMES OF SUCH SUBCONTRACTORS SHALL BE ANNOUNCED,
27 AND THEREAFTER ANY CHANGE OF SUBCONTRACTOR OR AGREED-UPON AMOUNT TO BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15634-01-0
A. 10483 2
1 PAID TO EACH SHALL REQUIRE APPROVAL OF THE PUBLIC OWNER, UPON A SHOWING
2 PRESENTED TO THE PUBLIC OWNER OF LEGITIMATE CONSTRUCTION NEED FOR SUCH
3 CHANGE, WHICH SHALL BE OPEN TO PUBLIC INSPECTION. LEGITIMATE
4 CONSTRUCTION NEED SHALL BE LIMITED TO, A CHANGE IN PROJECT SPECIFICA-
5 TIONS, A CHANGE IN CONSTRUCTION MATERIAL COSTS, A CHANGE TO SUBCONTRAC-
6 TOR STATUS AS DETERMINED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION TWO OF
7 SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, OR THE SUBCONTRACTOR
8 HAS BECOME OTHERWISE UNWILLING, UNABLE OR UNAVAILABLE TO PERFORM THE
9 SUBCONTRACT. THE SEALED LISTS OF SUBCONTRACTORS SUBMITTED BY ALL OTHER
10 BIDDERS SHALL BE RETURNED TO THEM UNOPENED AFTER THE CONTRACT AWARD.
11 S 2. Subdivision 8 of section 1678 of the public authorities law, as
12 amended by chapter 251 of the laws of 1962, is amended to read as
13 follows:
14 8. IN CONNECTION WITH PUBLIC WORK CONTRACTS:
15 (A) By contract or contracts or by its own employees to construct,
16 acquire, reconstruct, rehabilitate and improve, and furnish and equip,
17 dormitories and necessary and usual attendant facilities for state-oper-
18 ated institutions and statutory and contract colleges under the juris-
19 diction of the state university of New York pursuant to agreement with
20 the state university construction fund created by section three hundred
21 seventy-one of the education law.
22 (B) PRIOR TO CONTRACT AWARD, TO ENSURE THAT EACH BIDDER ON A PUBLIC
23 WORK CONTRACT, WHERE THE PREPARATION OF SEPARATE SPECIFICATIONS IS NOT
24 REQUIRED, SUBMIT WITH ITS BID A SEPARATE SEALED LIST THAT NAMES EACH
25 SUBCONTRACTOR THAT THE BIDDER WILL USE TO PERFORM WORK ON THE CONTRACT,
26 AND THE AGREED-UPON AMOUNT TO BE PAID TO EACH, FOR: (I) PLUMBING AND GAS
27 FITTING, (II) STEAM HEATING, HOT WATER HEATING, VENTILATING AND AIR
28 CONDITIONING APPARATUS AND (III) ELECTRIC WIRING STANDARD ILLUMINATING
29 FIXTURES. AFTER THE LOW BID IS ANNOUNCED, THE SEALED LIST OF SUBCONTRAC-
30 TORS SUBMITTED WITH SUCH LOW BID SHALL BE OPENED AND THE NAMES OF SUCH
31 SUBCONTRACTORS SHALL BE ANNOUNCED, AND THEREAFTER ANY CHANGE OF SUBCON-
32 TRACTOR OR AGREED-UPON AMOUNT TO BE PAID TO EACH SHALL REQUIRE THE
33 APPROVAL OF THE PUBLIC OWNER, UPON A SHOWING PRESENTED TO THE PUBLIC
34 OWNER OF LEGITIMATE CONSTRUCTION NEED FOR SUCH CHANGE, WHICH SHALL BE
35 OPEN TO PUBLIC INSPECTION. LEGITIMATE CONSTRUCTION NEED SHALL BE LIMITED
36 TO, A CHANGE IN PROJECT SPECIFICATIONS, A CHANGE IN CONSTRUCTION MATERI-
37 AL COSTS, A CHANGE TO SUBCONTRACTOR STATUS AS DETERMINED PURSUANT TO
38 PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF
39 THE LABOR LAW, OR THE SUBCONTRACTOR HAS BECOME OTHERWISE UNWILLING,
40 UNABLE OR UNAVAILABLE TO PERFORM THE SUBCONTRACT. THE SEALED LISTS OF
41 SUBCONTRACTORS SUBMITTED BY ALL OTHER BIDDERS SHALL BE RETURNED TO THEM
42 UNOPENED AFTER THE CONTRACT AWARD.
43 (C) TO SELL, CONVEY, LEASE, SUBLEASE OR OTHERWISE TRANSFER ANY REAL
44 PROPERTY OR INTEREST THEREIN HELD BY THE AUTHORITY TO ANY PERSON, FIRM,
45 ASSOCIATION, CORPORATION OR AGENCY, INCLUDING A PUBLIC BODY, FOR THE
46 PURPOSE OF CONSTRUCTING OR OTHERWISE PROVIDING THEREON A STRUCTURE,
47 PROVIDED THAT, SIMULTANEOUSLY THEREWITH, THE AUTHORITY ENTERS INTO AN
48 AGREEMENT FOR THE RECONVEYANCE, PURCHASE, LEASE, SUBLEASE OR OTHER
49 ACQUISITION OF THE FACILITIES TO BE CONTAINED IN SUCH STRUCTURES.
50 ANY CONTRACT UNDERTAKEN OR FINANCED BY THE DORMITORY AUTHORITY FOR ANY
51 CONSTRUCTION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT FOR ANY
52 FACILITIES OR COMBINED OCCUPANCY STRUCTURES SHALL COMPLY WITH THE
53 PROVISIONS OF SECTION ONE HUNDRED ONE AND ONE HUNDRED THREE OF THE
54 GENERAL MUNICIPAL LAW, AND SECTION TWO HUNDRED TWENTY OF THE LABOR LAW;
55 S 3. This act shall take effect on the sixtieth day after it shall
56 have become a law.
