N.Y. New York City health and hospitals corporation act 1016/69 § 8: Contracts

§ 8. Contracts. 1. Any contract let by the corporation for the

construction of a health facility shall be publicly let to the lowest

responsible bidder in the manner provided by, and in conformity with,

the provisions of article five-a of the general municipal law, except

that where the cost of such a contract does not exceed ten thousand

dollars such contract may be entered into without public letting;

provided, however, that if the corporation determines that in a special

case or cases it would not be in the public interest to comply with the

terms of this section and the board of estimate of the city, by

resolution, rule or regulation adopted by the vote of two-thirds of the

whole number of votes authorized to be cast by all of the members of the

board of estimate, concurs in such determination, then such a contract

may be entered into by the corporation without public letting as

authorized by the said resolution, rules or regulations. Notwithstanding

the provisions of this subdivision one, if the corporation determines

that circumstances exist whereby it would be detrimental to or

impracticable for the corporation to comply with the public letting

requirements of this section concerning a change order then such a

change order may be let by the corporation without public letting. For

the purposes of article five-a of the general municipal law, the

corporation shall be deemed to be a "political subdivision".

2. The corporation may make rules and regulations governing the

qualifications of bidders entering into such a contract where the cost

of such a contract exceeds twenty-five thousand dollars. The bidding may

be restricted to those who shall have qualified prior to the receipt of

bids according to standards fixed by the corporation; provided, however,

that notice or notices for the submission of qualifications shall be

published in the official publication of the city and in an appropriate

trade journal published in the city, or if no such trade journal exists,

in a newspaper with a general circulation in the city, at least once,

not less than ten days prior to the date fixed for the filing of

qualifications.

3. The corporation, in its discretion, may assign the separate

contracts awarded pursuant to section one hundred one of the general

municipal law to the general contractor for supervision. Each contract

for the construction of a health facility may include a provision that

the architect who designed the facility, or the architect or engineer

retained or employed specifically for the purpose of supervision, shall

supervise the work to be performed through to completion and shall see

to it that the materials furnished and the work performed are in

accordance with the drawings, plans, specifications and contracts

therefor.

4. All bids received for the letting of any contract pursuant to this

section shall be submitted to the corporation and shall be publicly

opened and read by the corporation. Nothing in this section shall be

construed to limit the power of the corporation to do any construction

by or through its own officers, agents or employees.

5. (a) In addition to any other bond or bonds that may be required by

law for the completion of a health facility, or in the absence of any

such requirement, the corporation shall require, prior to the approval

of any contract or agreement providing for the construction of a health

facility, that the general contractor furnish a bond guaranteeing prompt

payment of moneys due to all persons furnishing labor or materials to or

for the general contractor or to his subcontractors in the prosecution

of the entire work provided for in such agreement. A copy of such

payment bond shall be filed in the offices of the corporation and shall

be open to public inspection.

(b) Every person who has furnished labor or material, to or for the

general contractor or to a sub-contractor in the prosecution of the work

provided for in the contract or other agreement of the corporation with

the general contractor 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 for

which the claim is made, shall have the right to sue on such payment

bond in his 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 sub-contractor of the

general contractor furnishing the payment bond but no contractual

relationship express or implied with such general contractor shall not

have a right of action upon the bond unless he shall have given written

notice to such general contractor 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 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 general

contractor or by mailing the same by registered mail, postage pre-paid,

in an envelope addressed to the general contractor at any place where he

maintains an office or conducts his business or at his residence.

6. Any contracts for design, construction, services and materials

entered into by the corporation pursuant to this act shall be deemed

state contracts within the meaning of that term as set forth in article

fifteen-A of the executive law, and the corporation shall be deemed, for

the purposes of this act, a contracting agency as that term is used in

article fifteen-A of the executive law.

* 7. The corporation shall have the authority to use the same measures

to enhance mentoring opportunities for small businesses as are available

to the city of New York pursuant to section thirteen hundred nine of the

New York city charter. Upon the written consent of the corporation, the

corporation shall be subject to the rules and the goal authorized under

subdivision g of section thirteen hundred nine of such charter with

respect to a mentoring program established pursuant to this subdivision,

provided that after execution of such written consent, a duly authorized

officer of the corporation and the city, acting by the mayor, may enter

into a memorandum of understanding relating to mentoring opportunities

authorized under this subdivision.

* NB Effective February 22, 2024