N.Y. Comp. Codes R. & Regs. tit. 21 § 9605.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 9605.3 - Definitions

As used in this Part the terms listed below are defined as follows:

(a) Bid documents means pre-qualification form, amendments, addenda, notice to bidders, information for bidders, contract agreement, general conditions, general requirements, supplemental general conditions, supplemental general requirements, bonds, drawings, change orders, safety manual, plans and specifications for the construction contract.

(b) Certification documents means documents which must be filed by a business seeking certification as LBE or as a GLBE including but not limited to: sworn affidavits by an authorized official of the business (e.g., business certificate or papers of incorporation); financial and management disclosure forms for the business (e.g., Federal income tax returns for the last three years which were signed by the business owner); financial disclosure forms for any employees it claims are economically disadvantaged; economic development area profiles indicating where construction work was performed during the past year and the dollar amount of such work; and signed release forms granting the authority the right to request financial information from any government agency.

(c) City means the City of New York.

(d) Compliance means a contractor or subcontractor has acted in accordance with the requirements of Administrative Code, section 6-108.1 and this Part.

(e) Construction business means a firm that performs heavy or general contracting, mechanical and electrical or specialty work.

(f) Construction contract means any contract for construction, reconstruction, rehabilitation, alteration, conversion, extension, improvement, repair, or demolition of real property contracted by the authority.

(g) Contract means any written agreement whereby the authority is committed to expend or does expend funds, except the term contract shall not include:

(1) contracts for financial or other assistance between the authority and a government or governmental agency;

(2) contracts, resolutions, indentures, declarations of trust, other instruments authorizing or relating to the issuance, award, and sale of bonds, certificates of indebtedness, notes, or other fiscal obligations of the authority;

(3) contracts for architectural, engineering, drafting or construction management services;

(4) emergency contracts; or

(5) contracts funded by the State or Federal government which are subject to small business or other requirements which differ and conflict with the requirements of Administrative Code, section 6-108.1 and this Part.

(h) Contractor means a person who is a party or proposed party to a construction contract with the Authority.

(i) Director means Director of the MBE/WBE/LBE unit of the authority.

(j) Economic development area means those areas of the city designated as eligible for participation in the Community Development Block Grant Program of the United States Department of Housing and Urban Development. A listing of areas and maps of areas which meet this definition shall be provided by the authority.

(k) Economically disadvantaged person means an individual who was hired within the last three tax years by a locally based enterprise or a graduate locally based enterprise or is a self-employed owner of such a business and who at time of application for locally based enterprise or graduate locally based enterprise certification is:

(1) a resident in a single person household who receives:

(i) wages not in excess of 70 percent of the lower living standard income level for the city as determined by the United States Department of Labor, Bureau of Labor Statistics; or

(ii) receives cash welfare payment under a Federal, State or local welfare program; or

(2) a member of a family which:

(i) has a family income less than 70 percent of the lower living standard income level for the city as determined by the United States Department of Labor, Bureau of Labor Statistics; or

(ii) receives cash welfare payments under a Federal, State or local welfare program; or

(3) a Vietnam era veteran as defined by applicable Federal law who has been unable to obtain nongovernment subsidized employment since discharge from the armed services; or

(4) a displaced homemaker who has not been in the labor force for five years but has during those years worked in the home providing unpaid services for family members and:

(i) was dependent on public assistance or the income of another family member but is no longer supported by that income; or

(ii) is receiving public assistance for dependent children in the home which will soon be terminated.

(l) General contracting means work, other than heavy construction, mechanical and electrical and specialty work consisting of construction activities normally located in or on buildings including work directly supporting these activities.

(m) Graduate locally based enterprise or GLBE is a business which after initial certification for one year or three years, has gross receipts of more than $2,167,000 but not more than $5,418,000 in general contracting, mechanical and electrical, specialty or heavy construction for an additional two successive years and has not been decertified.

(n) Gross receipts means the total gross income received by a LBE or GLBE from any source during the applicable period.

(o) Heavy construction means work, consisting of construction activities located on or below the earth's surface including excavation, building foundation, construction projects requiring the use of earth moving machinery or equipment and any work associated with bridges.

(p) Locally based enterprise or LBE means a business which:

(1) at the time of application for certification has been in the general contracting business, the heavy construction business, the mechanical and electrical business or the specialty business and:

(i) has received gross receipts in the last three or fewer tax years averaging an amount equal or less than $2,167,000 on an annual basis or a higher amount reflecting a bi-annual adjustment to account for the effects of inflation, as indicated by an appropriate index of costs in the construction industry, developed by the director of the Office of Construction, Office of the Mayor; or

(ii) has been in business for less than one tax year and has received gross receipts equal to or less than $2,167,000 or a higher amount reflecting a bi-annual adjustment to account for the effects of inflation, as indicated by an appropriate index of costs in the construction industry, developed by the director of the Office of Construction, Office of the Mayor; and

(2) in the tax year preceding the date of application has:

(i) earned at least 25 percent of its gross receipts from work performed on construction projects located in economic development areas; or

(ii) employed a work force of which at least 25 percent were economically disadvantaged persons.

(q) Mechanical and electrical means work other than heavy construction, general contracting and specialty, consisting of construction activities primarily including installing or repairing electrical systems and plumbing, heating, ventilation and air conditioning systems.

(r) Noncompliance means a contractor or subcontractor has failed to act in accordance with this Part.

(s) Person, means any natural person, corporation, partnership, sole proprietorship or unincorporated association.

(t) President means president of the New York City School Construction Authority.

(u) Specialty means work other than heavy construction, general contracting, and mechanical and electrical, consisting of construction activities such as painting, landscaping, fencing and fire proofing.

(v) Subcontractor means any person having an agreement or arrangement or proposed agreement or arrangement with a contractor (where the parties do not stand in the relationship of an employer and employee) in which any portion of the contractor's duty to perform work is undertaken or assumed by such person.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9605.3