State Codes and Statutes

Statutes > New-york > Stf > Article-8 > 127

§  127. Construction and repair of buildings of institutions reporting  to the departments having jurisdiction. As used  in  this  section,  the  term  "departments  having  jurisdiction"  shall  be  deemed to mean the  departments referred to in section one hundred twenty-five of this  act,  except  that  with respect to construction, acquisition, reconstruction,  rehabilitation or improvement work at any state institution or  facility  under  the  professional  jurisdiction,  supervision  and control of the  department of mental hygiene,  it  shall  not  be  deemed  to  mean  the  department of mental hygiene unless such work is let by the commissioner  of  general  services  as  agent  for  the  health  and  mental  hygiene  facilities improvement corporation pursuant to  an  agreement  with  the  trustees  of  said  corporation,  as authorized by the health and mental  hygiene facilities improvement act.    1. All plans and  specifications  for  the  construction,  alteration,  repair  and  improvement  of buildings for institutions reporting to the  departments shall be prepared by the office  of  general  services.  The  departments  having jurisdiction shall adopt or reject any such plans or  specifications, and no such work shall be  begun  until  the  plans  and  specifications  therefor  have  been  adopted,  but  before the adoption  thereof, the departments having jurisdiction shall submit  the  same  to  the  board of visitors of the institution, if any, in case such board of  visitors is authorized by law to review such plans  and  specifications,  and  shall  allow  such  board  a period of not more than thirty days in  which to submit a statement of their opinions and suggestions in  regard  thereto.    2.  Contracts  for  such  work  of construction, alteration, repair or  improvement may be let by the department having jurisdiction, or at  the  request of such department by the commissioner of general services , but  in  any event such letting shall be in accordance with the procedure set  forth in section eight of the public buildings law, with the approval of  the comptroller for the whole or any part of the work to  be  performed,  and, in its discretion, such contracts may be sublet. Special orders for  such  work  may  be  issued  upon authorization by the department having  jurisdiction pursuant to section twenty of  the  public  buildings  law.  Copies  of all such contracts and special orders shall be filed with the  department having jurisdiction, with the comptroller and with the  board  of  visitors,  if  any.  All  such  contracts and special orders for the  construction, alteration, repair or improvement of buildings  or  plants  of such institutions shall contain a clause that the contract shall only  be  deemed  executory  to  the  extent  of  the moneys available, and no  liability shall be incurred by the state beyond the moneys available for  the purpose.  Except  as  provided  in  section  twenty  of  the  public  buildings  law,  all  contracts  in an amount greater than five thousand  dollars shall have the performance thereof secured by sufficient bond or  bonds, together with a bond or  bonds  for  the  payment  of  labor  and  material  as  authorized  by  section  one  hundred thirty-seven of this  chapter, to be approved by the comptroller and filed in his  office  and  with  the  department having jurisdiction or the commissioner of general  services, as the case may be. No work  done  by  special  orders  in  an  amount less than twenty thousand dollars need have a bond. No work shall  be  done  by  special order unless the commissioner has presented to the  comptroller evidence that he  has  made  a  diligent  effort  to  obtain  competition  sufficient  to  protect the interests of the state prior to  selecting the contractor to perform the work.  In  all  cases  in  which  contracts  to  be  let  are  for  the  purpose  of  connecting  any such  institution with the system or line or lines maintained or  operated  by  any  public  service  corporation  or  repairing  or  improving any such  connection, such public service corporation shall  not  be  required  togive  a  certified  check  upon  submitting its proposal as hereinbefore  provided nor to give any bond, nor shall any advertising  for  proposals  be  necessary  where  the  public  service corporation is to perform the  work.    3.  The  work  of  construction,  alteration, repair or improvement of  buildings or plant of any such state institution  may  be  done  by  the  employment  of  inmate or outside labor, either or both, and by purchase  of materials in  the  open  market  whenever,  in  the  opinion  of  the  comptroller,  the department having jurisdiction and the commissioner of  general services, or an authorized  representative  of  his  department,  such  course  shall  be  more advantageous to the state. No compensation  shall be allowed for the  employment  of  inmate  labor  except  convict  labor.    4. Where money is appropriated for any specific purpose other than for  maintenance,  and  the  work,  materials,  furniture, apparatus or other  supplies are not to be performed or purchased pursuant  to  conrtact  or  special  order duly made therefor, such money shall be expended pursuant  to special fund estimates made to the department having jurisdiction  by  the  superintendent  of  the institution for which such appropriation is  made. The provisions of this chapter relating to the  estimates  of  the  expense  required  for  such institutions shall apply to such estimates;  and when such work is to be  performed  in  accordance  with  plans  and  specifications  prepared  by the office of general services, or is to be  paid for from appropriations for the construction, alteration, repair or  improvement of buildings or plants, such estimates shall also be subject  to the approval of the office of general  services.    Except  as  above  specified  all such work shall be done by contract or special order. The  form of the contract  or  special  order  shall  be  prescribed  by  the  commissioner of general services.    5.  All payments on contracts and special orders, other than contracts  and special orders made  on  the  approval  of  the  office  of  general  services  and  special  fund estimates, shall be made by the comptroller  after audit, on the voucher of the commissioner of general  services  as  the  work  progresses or the purchase of material is made.  All payments  on contracts, as the work progresses, shall be made by  the  comptroller  after  audit  upon  the  certificate  of  the office of general services  accompanied by the voucher of the contractor to whom the money  is  due.  All  final payments on contracts and special orders shall be made by the  comptroller after audit upon the certificate of the  office  of  general  services with the approval of the department having jurisdiction.    6.  No  item of an appropriation made for the performance of such work  shall  be  available,  except  for  advertising,  unless  one  or   more  contracts,  special  orders  or  special fund estimates shall first have  been made for completion of such work within the appropriation therefor.  Each original bid with an abstract thereof, shall accompany the copy  of  the contract or special order which is to be filed with the comptroller.

State Codes and Statutes

Statutes > New-york > Stf > Article-8 > 127

§  127. Construction and repair of buildings of institutions reporting  to the departments having jurisdiction. As used  in  this  section,  the  term  "departments  having  jurisdiction"  shall  be  deemed to mean the  departments referred to in section one hundred twenty-five of this  act,  except  that  with respect to construction, acquisition, reconstruction,  rehabilitation or improvement work at any state institution or  facility  under  the  professional  jurisdiction,  supervision  and control of the  department of mental hygiene,  it  shall  not  be  deemed  to  mean  the  department of mental hygiene unless such work is let by the commissioner  of  general  services  as  agent  for  the  health  and  mental  hygiene  facilities improvement corporation pursuant to  an  agreement  with  the  trustees  of  said  corporation,  as authorized by the health and mental  hygiene facilities improvement act.    1. All plans and  specifications  for  the  construction,  alteration,  repair  and  improvement  of buildings for institutions reporting to the  departments shall be prepared by the office  of  general  services.  The  departments  having jurisdiction shall adopt or reject any such plans or  specifications, and no such work shall be  begun  until  the  plans  and  specifications  therefor  have  been  adopted,  but  before the adoption  thereof, the departments having jurisdiction shall submit  the  same  to  the  board of visitors of the institution, if any, in case such board of  visitors is authorized by law to review such plans  and  specifications,  and  shall  allow  such  board  a period of not more than thirty days in  which to submit a statement of their opinions and suggestions in  regard  thereto.    2.  Contracts  for  such  work  of construction, alteration, repair or  improvement may be let by the department having jurisdiction, or at  the  request of such department by the commissioner of general services , but  in  any event such letting shall be in accordance with the procedure set  forth in section eight of the public buildings law, with the approval of  the comptroller for the whole or any part of the work to  be  performed,  and, in its discretion, such contracts may be sublet. Special orders for  such  work  may  be  issued  upon authorization by the department having  jurisdiction pursuant to section twenty of  the  public  buildings  law.  Copies  of all such contracts and special orders shall be filed with the  department having jurisdiction, with the comptroller and with the  board  of  visitors,  if  any.  All  such  contracts and special orders for the  construction, alteration, repair or improvement of buildings  or  plants  of such institutions shall contain a clause that the contract shall only  be  deemed  executory  to  the  extent  of  the moneys available, and no  liability shall be incurred by the state beyond the moneys available for  the purpose.  Except  as  provided  in  section  twenty  of  the  public  buildings  law,  all  contracts  in an amount greater than five thousand  dollars shall have the performance thereof secured by sufficient bond or  bonds, together with a bond or  bonds  for  the  payment  of  labor  and  material  as  authorized  by  section  one  hundred thirty-seven of this  chapter, to be approved by the comptroller and filed in his  office  and  with  the  department having jurisdiction or the commissioner of general  services, as the case may be. No work  done  by  special  orders  in  an  amount less than twenty thousand dollars need have a bond. No work shall  be  done  by  special order unless the commissioner has presented to the  comptroller evidence that he  has  made  a  diligent  effort  to  obtain  competition  sufficient  to  protect the interests of the state prior to  selecting the contractor to perform the work.  In  all  cases  in  which  contracts  to  be  let  are  for  the  purpose  of  connecting  any such  institution with the system or line or lines maintained or  operated  by  any  public  service  corporation  or  repairing  or  improving any such  connection, such public service corporation shall  not  be  required  togive  a  certified  check  upon  submitting its proposal as hereinbefore  provided nor to give any bond, nor shall any advertising  for  proposals  be  necessary  where  the  public  service corporation is to perform the  work.    3.  The  work  of  construction,  alteration, repair or improvement of  buildings or plant of any such state institution  may  be  done  by  the  employment  of  inmate or outside labor, either or both, and by purchase  of materials in  the  open  market  whenever,  in  the  opinion  of  the  comptroller,  the department having jurisdiction and the commissioner of  general services, or an authorized  representative  of  his  department,  such  course  shall  be  more advantageous to the state. No compensation  shall be allowed for the  employment  of  inmate  labor  except  convict  labor.    4. Where money is appropriated for any specific purpose other than for  maintenance,  and  the  work,  materials,  furniture, apparatus or other  supplies are not to be performed or purchased pursuant  to  conrtact  or  special  order duly made therefor, such money shall be expended pursuant  to special fund estimates made to the department having jurisdiction  by  the  superintendent  of  the institution for which such appropriation is  made. The provisions of this chapter relating to the  estimates  of  the  expense  required  for  such institutions shall apply to such estimates;  and when such work is to be  performed  in  accordance  with  plans  and  specifications  prepared  by the office of general services, or is to be  paid for from appropriations for the construction, alteration, repair or  improvement of buildings or plants, such estimates shall also be subject  to the approval of the office of general  services.    Except  as  above  specified  all such work shall be done by contract or special order. The  form of the contract  or  special  order  shall  be  prescribed  by  the  commissioner of general services.    5.  All payments on contracts and special orders, other than contracts  and special orders made  on  the  approval  of  the  office  of  general  services  and  special  fund estimates, shall be made by the comptroller  after audit, on the voucher of the commissioner of general  services  as  the  work  progresses or the purchase of material is made.  All payments  on contracts, as the work progresses, shall be made by  the  comptroller  after  audit  upon  the  certificate  of  the office of general services  accompanied by the voucher of the contractor to whom the money  is  due.  All  final payments on contracts and special orders shall be made by the  comptroller after audit upon the certificate of the  office  of  general  services with the approval of the department having jurisdiction.    6.  No  item of an appropriation made for the performance of such work  shall  be  available,  except  for  advertising,  unless  one  or   more  contracts,  special  orders  or  special fund estimates shall first have  been made for completion of such work within the appropriation therefor.  Each original bid with an abstract thereof, shall accompany the copy  of  the contract or special order which is to be filed with the comptroller.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-8 > 127

§  127. Construction and repair of buildings of institutions reporting  to the departments having jurisdiction. As used  in  this  section,  the  term  "departments  having  jurisdiction"  shall  be  deemed to mean the  departments referred to in section one hundred twenty-five of this  act,  except  that  with respect to construction, acquisition, reconstruction,  rehabilitation or improvement work at any state institution or  facility  under  the  professional  jurisdiction,  supervision  and control of the  department of mental hygiene,  it  shall  not  be  deemed  to  mean  the  department of mental hygiene unless such work is let by the commissioner  of  general  services  as  agent  for  the  health  and  mental  hygiene  facilities improvement corporation pursuant to  an  agreement  with  the  trustees  of  said  corporation,  as authorized by the health and mental  hygiene facilities improvement act.    1. All plans and  specifications  for  the  construction,  alteration,  repair  and  improvement  of buildings for institutions reporting to the  departments shall be prepared by the office  of  general  services.  The  departments  having jurisdiction shall adopt or reject any such plans or  specifications, and no such work shall be  begun  until  the  plans  and  specifications  therefor  have  been  adopted,  but  before the adoption  thereof, the departments having jurisdiction shall submit  the  same  to  the  board of visitors of the institution, if any, in case such board of  visitors is authorized by law to review such plans  and  specifications,  and  shall  allow  such  board  a period of not more than thirty days in  which to submit a statement of their opinions and suggestions in  regard  thereto.    2.  Contracts  for  such  work  of construction, alteration, repair or  improvement may be let by the department having jurisdiction, or at  the  request of such department by the commissioner of general services , but  in  any event such letting shall be in accordance with the procedure set  forth in section eight of the public buildings law, with the approval of  the comptroller for the whole or any part of the work to  be  performed,  and, in its discretion, such contracts may be sublet. Special orders for  such  work  may  be  issued  upon authorization by the department having  jurisdiction pursuant to section twenty of  the  public  buildings  law.  Copies  of all such contracts and special orders shall be filed with the  department having jurisdiction, with the comptroller and with the  board  of  visitors,  if  any.  All  such  contracts and special orders for the  construction, alteration, repair or improvement of buildings  or  plants  of such institutions shall contain a clause that the contract shall only  be  deemed  executory  to  the  extent  of  the moneys available, and no  liability shall be incurred by the state beyond the moneys available for  the purpose.  Except  as  provided  in  section  twenty  of  the  public  buildings  law,  all  contracts  in an amount greater than five thousand  dollars shall have the performance thereof secured by sufficient bond or  bonds, together with a bond or  bonds  for  the  payment  of  labor  and  material  as  authorized  by  section  one  hundred thirty-seven of this  chapter, to be approved by the comptroller and filed in his  office  and  with  the  department having jurisdiction or the commissioner of general  services, as the case may be. No work  done  by  special  orders  in  an  amount less than twenty thousand dollars need have a bond. No work shall  be  done  by  special order unless the commissioner has presented to the  comptroller evidence that he  has  made  a  diligent  effort  to  obtain  competition  sufficient  to  protect the interests of the state prior to  selecting the contractor to perform the work.  In  all  cases  in  which  contracts  to  be  let  are  for  the  purpose  of  connecting  any such  institution with the system or line or lines maintained or  operated  by  any  public  service  corporation  or  repairing  or  improving any such  connection, such public service corporation shall  not  be  required  togive  a  certified  check  upon  submitting its proposal as hereinbefore  provided nor to give any bond, nor shall any advertising  for  proposals  be  necessary  where  the  public  service corporation is to perform the  work.    3.  The  work  of  construction,  alteration, repair or improvement of  buildings or plant of any such state institution  may  be  done  by  the  employment  of  inmate or outside labor, either or both, and by purchase  of materials in  the  open  market  whenever,  in  the  opinion  of  the  comptroller,  the department having jurisdiction and the commissioner of  general services, or an authorized  representative  of  his  department,  such  course  shall  be  more advantageous to the state. No compensation  shall be allowed for the  employment  of  inmate  labor  except  convict  labor.    4. Where money is appropriated for any specific purpose other than for  maintenance,  and  the  work,  materials,  furniture, apparatus or other  supplies are not to be performed or purchased pursuant  to  conrtact  or  special  order duly made therefor, such money shall be expended pursuant  to special fund estimates made to the department having jurisdiction  by  the  superintendent  of  the institution for which such appropriation is  made. The provisions of this chapter relating to the  estimates  of  the  expense  required  for  such institutions shall apply to such estimates;  and when such work is to be  performed  in  accordance  with  plans  and  specifications  prepared  by the office of general services, or is to be  paid for from appropriations for the construction, alteration, repair or  improvement of buildings or plants, such estimates shall also be subject  to the approval of the office of general  services.    Except  as  above  specified  all such work shall be done by contract or special order. The  form of the contract  or  special  order  shall  be  prescribed  by  the  commissioner of general services.    5.  All payments on contracts and special orders, other than contracts  and special orders made  on  the  approval  of  the  office  of  general  services  and  special  fund estimates, shall be made by the comptroller  after audit, on the voucher of the commissioner of general  services  as  the  work  progresses or the purchase of material is made.  All payments  on contracts, as the work progresses, shall be made by  the  comptroller  after  audit  upon  the  certificate  of  the office of general services  accompanied by the voucher of the contractor to whom the money  is  due.  All  final payments on contracts and special orders shall be made by the  comptroller after audit upon the certificate of the  office  of  general  services with the approval of the department having jurisdiction.    6.  No  item of an appropriation made for the performance of such work  shall  be  available,  except  for  advertising,  unless  one  or   more  contracts,  special  orders  or  special fund estimates shall first have  been made for completion of such work within the appropriation therefor.  Each original bid with an abstract thereof, shall accompany the copy  of  the contract or special order which is to be filed with the comptroller.

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