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Assembly Bill A5419

2009-2010 Legislative Session

Provides that utility interference work required for public works contracts shall be bid for separately from such public works contract

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Archive: Last Bill Status - In Assembly Committee

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2009-A5419 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Amd ยงยง100 & 103, Gen Muni L

2009-A5419 (ACTIVE) - Summary

Provides that any political subdivision may, before advertising for sealed bids on a public works contract, determine that such contract requires utility interference work and have such utility interference work bid on separately and performed pursuant to a separate contract; provides that such separate utility interference work shall apply only to public works projects in excess of twenty thousand dollars; defines the term "utility interference work."

2009-A5419 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5419

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of A. ERRIGO, FINCH -- read once and referred to the
  Committee on Local Governments

AN ACT to amend the general municipal  law,  in  relation  to  including
  utility interference work within the competitive bidding process

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 100 of the general  municipal  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4. "UTILITY INTERFERENCE WORK" MEANS THE WORK REQUIRED TO MAINTAIN THE
PHYSICAL  EQUIPMENT  USED  TO  DELIVER ELECTRIC, GAS, WATER, SEWER, FUEL
OIL, CABLE TELEVISION AND TELEPHONE SERVICES WHILE A PUBLIC WORK PROJECT
IS ONGOING. SUCH WORK REQUIRED TO MAINTAIN SUCH PHYSICAL  EQUIPMENT  MAY
INCLUDE,  BUT  IS  NOT  NECESSARILY  LIMITED TO, REMOVAL, PROTECTION AND
RELOCATION.
  S 2. Section 103 of the general municipal law is amended by  adding  a
new subdivision 1-b to read as follows:
  1-B.  ANY POLITICAL SUBDIVISION MAY, BEFORE ADVERTISING FOR SEALED BID
PURSUANT TO THIS SECTION, DETERMINE THAT  A  CONTRACT  FOR  PUBLIC  WORK
INVOLVING  AN  EXPENDITURE  OF  MORE  THAN TWENTY THOUSAND DOLLARS WHICH
REQUIRES UTILITY INTERFERENCE WORK SHALL BE SEPARATED INTO TWO  SEPARATE
BIDS.  IF  THE  POLITICAL SUBDIVISION MAKES THE FOREGOING DETERMINATION,
THEN ONE BID SHALL BE FOR THE PUBLIC WORK AND THE SECOND  BID  SHALL  BE
FOR  THE UTILITY INTERFERENCE WORK. BEFORE ADVERTISING FOR THE TWO FORE-
GOING BIDS, THE POLITICAL SUBDIVISION SHALL ENTER INTO A WRITTEN  AGREE-
MENT  WITH  ALL  OF THE OWNERS AND/OR OPERATORS OF THE UTILITY EQUIPMENT
AFFECTED BY THE PUBLIC WORK CONTRACT AND  SUCH  AGREEMENT  SHALL,  AT  A
MINIMUM, REQUIRE SUCH OWNERS/OPERATORS TO REIMBURSE THE POLITICAL SUBDI-
VISION  FOR  THE  ACTUAL  COSTS OF THE CONTRACT FOR UTILITY INTERFERENCE
WORK. THE POLITICAL SUBDIVISION MAY IMPOSE A  CHARGE  UPON  THE  UTILITY
OWNERS/OPERATORS  FOR THE COST OF ADMINISTERING THE UTILITY INTERFERENCE
WORK CONTRACT, PROVIDED SUCH CHARGE SHALL NOT EXCEED FIVE PERCENT OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05845-01-9

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