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
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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.