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

                                  8970

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2009
                               ___________

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

AN ACT to amend the general municipal law, in relation to contracts  for
  a  public  work  project  and  accommodation  of private facilities or
  structures within a specified area of New York county;  and  providing
  for the repeal of such provisions upon the expiration thereof

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

  Section 1. Section 103 of the general  municipal  law  is  amended  by
adding a new subdivision 13 to read as follows:
  13.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, TO FACILI-
TATE THE TIMELY AND COST EFFECTIVE COMPLETION OF UTILITY WORK WITHIN THE
AREA OF NEW YORK COUNTY SOUTH OF A LINE BEGINNING AT A POINT  WHERE  THE
UNITED  STATES PIERHEAD LINE IN THE HUDSON RIVER AS IT EXISTS NOW OR MAY
BE EXTENDED WOULD INTERSECT WITH THE NORTHERLY LINE OF WEST 72ND  STREET
EXTENDED,  THENCE  EASTERLY ALONG THE NORTHERLY SIDE OF WEST 72ND STREET
TO CENTRAL PARK, THENCE EASTERLY  THROUGH  CENTRAL  PARK  ALONG  A  LINE
EXTENDING  FROM  THE NORTHERLY SIDE OF WEST 72ND STREET TO THE NORTHERLY
SIDE OF EAST 72ND STREET, THENCE EASTERLY ALONG THE  NORTHERLY  SIDE  OF
EAST  72ND  STREET TO THE POINT WHERE IT WOULD INTERSECT WITH THE UNITED
STATES PIERHEAD LINE IN THE EAST RIVER  AS  IT  EXISTS  NOW  OR  MAY  BE
EXTENDED, INCLUDING TAX LOTS WITHIN OR IMMEDIATELY ADJACENT THERETO, ALL
CONTRACTS  FOR  A  PUBLIC WORK PROJECT WITHIN SUCH AREA MAY INCLUDE WORK
THAT THE CONTRACTING AGENCY OF THE CITY OF NEW YORK DEEMS  NECESSARY  OR
DESIRABLE  FOR  THE COMPLETION OF SUCH PROJECT THAT REQUIRES THE MAINTE-
NANCE, SUPPORT, PROTECTION OR OTHER ACCOMMODATION OF ENERGY,  TELECOMMU-
NICATIONS  OR  OTHER PRIVATE FACILITIES OR STRUCTURES NOT PUBLICLY OWNED
WHICH ARE LOCATED WITHIN, TRAVERSING OR  ADJACENT  TO  THE  CONSTRUCTION
AREA OF SUCH PROJECT, WHETHER ABOVE, BELOW OR AT GROUND LEVEL, INCLUDING
THE  REMOVAL,  RELOCATION,  ALTERATION,  REPLACEMENT,  RECONSTRUCTION OR
IMPROVEMENT OF SUCH FACILITIES OR STRUCTURES,  PROVIDED  THAT:  (I)  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14353-01-9
              

A. 8970                             2

COSTS  OF  WORK  PERFORMED  PURSUANT  TO THIS SUBDIVISION, INCLUDING ANY
INCREMENTAL OR ADMINISTRATIVE COSTS ATTRIBUTABLE TO SUCH WORK, SHALL NOT
BE BORNE BY SUCH AGENCY EXCEPT AS OTHERWISE PROVIDED  BY  CHAPTER  THREE
HUNDRED  FIFTY-SEVEN  OF  THE LAWS OF NINETEEN HUNDRED EIGHTY-EIGHT; AND
(II) ANY LOWER MANHATTAN REDEVELOPMENT PROJECT, AS  DEFINED  IN  SECTION
THREE  OF  CHAPTER  TWO  HUNDRED  FIFTY-NINE OF THE LAWS OF TWO THOUSAND
FOUR, KNOWN AS THE COORDINATED CONSTRUCTION ACT FOR LOWER MANHATTAN,  AS
AMENDED, SHALL BE GOVERNED BY SUCH ACT WHILE SUCH ACT REMAINS IN EFFECT.
IF  SUCH AGENCY INCLUDES SUCH WORK IN A CONTRACT PURSUANT TO THIS SUBDI-
VISION, SUCH AGENCY SHALL AWARD THE CONTRACT TO THE  LOWEST  RESPONSIBLE
BIDDER  BASED UPON THE COMBINED COSTS OF THE PUBLIC WORK AND THE UTILITY
WORK AND SUCH AGENCY SHALL BE REIMBURSED BY THE ENTITY  RESPONSIBLE  FOR
THE  UTILITY WORK FOR ANY INCREMENTAL OR ADMINISTRATIVE COST INCREASE IN
AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE COST OF THE AGENCY WORK OF
THE OVERALL LOW BIDDER AND THE COST OF THE AGENCY  WORK  OF  THE  LOWEST
BIDDER  FOR  THE  AGENCY WORK ALONE. HOWEVER, IF THE COST OF THE WORK OF
THE LOWEST BIDDER FOR THE AGENCY WORK ALONE IS MORE THAN TWENTY  PERCENT
BELOW  THE AVERAGE OF THE NEXT TWO LOWEST BIDS FOR THE AGENCY WORK, THEN
THE AGENCY SHALL AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR
THE AGENCY WORK ALONE. IN  THE  EVENT  THAT  THE  UTILITY  WORK  IS  NOT
INCLUDED  IN  SUCH  AGENCY'S CONTRACT, NOTHING IN THIS SUBDIVISION SHALL
PREVENT SUCH AGENCY FROM INCLUDING PROVISIONS IN ITS CONTRACTS REQUIRING
CONTRACTORS TO ENGAGE IN ALTERNATE METHODS OF DISPUTE RESOLUTION REGARD-
ING UTILITY WORK.
  S 2. This act shall  take  effect  immediately,  and  shall  apply  to
contracts  entered  into  on or after such effective date, provided that
this act shall expire and be deemed repealed on December 31,  2014,  and
provided further that this act shall also apply to any contract to which
subdivision  13 of section 103 of the general municipal law, as added by
section one of this act, would otherwise apply that has been  advertised
or  otherwise formally solicited on and after the effective date of this
act and on or before December 31, 2014.