senate Bill S7849A

Signed By Governor
2013-2014 Legislative Session

Relates to joint bidding on contracts for public work projects in N.Y. city

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 11, 2014 signed chap.322
Aug 01, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.571
substituted for a10021b
referred to ways and means
delivered to assembly
passed senate
home rule request
ordered to third reading cal.1628
committee discharged and committed to rules
Jun 16, 2014 print number 7849a
amend and recommit to cities
Jun 13, 2014 referred to cities

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7849 - Bill Details

See Assembly Version of this Bill:
A10021B
Law Section:
New York City

S7849 - Bill Texts

view summary

Relates to joint bidding on contracts for public work projects in cities of one million or more and may include contracts for a New York city utility interference work project.

view sponsor memo
BILL NUMBER:S7849

TITLE OF BILL: An act relating to joint bidding on contracts for
public work projects and providing for the repeal of such provisions
upon expiration thereof

PURPOSE:

Relates to joint bidding on contracts for public work projects in New
York City.

SUMMARY OF PROVISIONS:

Sections one through five relate to joint bidding on contracts for
public work projects in New York City.

Section six is the effective date.

JUSTIFICATION:

Public rights of way generally contain not only municipally owned
utility services like water mains and sewers but also utility lines
for the transmission of energy and telecommunications These private
facilities often must be moved or protected in order for the municipal
work to proceed.

The municipal work can be delayed or stopped if the utility is
required to negotiate the price of protecting or moving the utility
facility with the contractor for the municipal work or locate another
contractor to do the work. Because bringing in a second contractor is
rarely practical, the negotiations often stall when the de facto
monopoly position of the municipal contractor leads to prices that the
utility believes to be far in excess of the value of the work. Delay
of the municipal work adversely affects the public at large as well as
local businesses.

In an effort to reduce the inconvenience resulting from the
construction delays as a result of utility interference work, in 1992
the City of New York began the practice of "joint bidding." This
practice requires bidders to provide, within a single bid, separate
prices for the municipal work and the private utility work, with the
contract awarded to the lowest responsible bidder for the combined
work. The utilities, by separate agreement reimburse the City for the
additional cost of the City's share of the overall low bid if the low
bidder on the municipal work was not the same as the low bidder on the
combined work. Thus, the cost to the City would never be more than the
lowest bid for the municipal work. Taxpayers are able to benefit from
the conveniences of joint bidding at no additional cost.

In 1998, the Court of Appeals determined that private utility
interference work is not "public work" and cannot be included in a
contract for municipal work pursuant to General Municipal Law Section
103 unless specifically authorized by the Legislature. DIAMOND ASPHALT
V.SANDER, 92 NY2d 244 (1998).

Enactment of this legislation will benefit the public in the following
ways: cities with a population of one million or more will be able to


negotiate for the cost of the work with the utilities so that there
will be no negative cost impact to the municipality for jointly
bidding work; to the extent that the cost of the utility interference
work is reasonable, utility customers, including residents and
businesses, will benefit; and the massive inconvenience to the public
and local businesses caused when the streets are to be opened will be
minimized as a result of the shortened duration of construction.

After the September 11, 2001 attack on the World Trade Center,
legislation was enacted to grant such authorization to projects in
Lower Manhattan thereby acknowledging the significant benefits of
joint bidding. This bill would expand the authorization, and benefits,
to projects in all five Boroughs.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed December 31, 2024.

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

                                  7849

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT relating to joint bidding on contracts for public  work  projects
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section 1. This act shall only apply to a city with  a  population  of
one million or more.
  S  2.  a.    "Utility  interference  work" shall mean any work that is
deemed necessary or desirable  for  the  completion  of  a  public  work
project  that  requires  the  maintenance,  support, protection or other
accommodation of energy, telecommunications 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 struc-
tures.
  b. "New York city utility interference work project"  shall  mean  any
public  work  project  within  the  city  of New York for which the city
awards a contract which  includes  utility  interference  work  in  such
contract.
  S  3.  a. Notwithstanding any general, special or local law or rule or
regulation to the contrary, the city of New  York  may  include  utility
interference  work  in  any contract for a public work project, provided
however that chapter 357 of the laws of 1988, known as the "gas facility
cost allocation act", shall continue to apply as set forth therein.   If
the  city  of  New  York undertakes a New York city utility interference
work project, the city shall award the contract to the lowest  responsi-
ble  bidder.    In  the  event that the utility interference work is not
included in the city's  contract,  nothing  in  this  subdivision  shall
prevent  the  city  from including provisions in its contracts requiring
contractors to engage in alternate methods of dispute resolution regard-
ing utility interference work. Further, nothing in this section is to be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15543-03-4

S. 7849                             2

deemed to alter, modify, amend, or revoke any  of  the  rules  presently
existing  that govern the responsibility between the metropolitan trans-
portation authority and the public utilities for the payment of  any  of
the  costs  required  for the maintenance, support, protection, or other
accommodation of any energy, telecommunication, or other private facili-
ties or structures.
  b. Notwithstanding any general, special or local law or rule or  regu-
lation  to  the contrary, when the city awards a contract for a New York
city utility interference work project the city shall  require  contrac-
tors  and subcontractors to have, prior to entering into such contracts,
a record of maintaining harmonious  labor  relations,  a  commitment  to
working with minority- and women-owned businesses through joint ventures
or  subcontractor  relationships,  and a record of protecting the health
and safety of workers on construction  projects  and  job  sites  demon-
strated  by  their  experience  modification  rates for each of the last
three years. In addition, when the city awards a contract for a New York
city utility interference work project that exceeds one million dollars,
the city shall require contractors and subcontractors to have, prior  to
entering  into such contracts, apprenticeship agreements appropriate for
the type and scope of work to be performed, that  have  been  registered
with  and  approved  by the commissioner of the department of labor, and
that have been in successful operation for a period  of  not  less  than
three years.
  c. Contracts awarded pursuant to this act are contracts subject to the
requirements  of local law number 1 of the city of New York for the year
2013.
  d. A New York city utility interference  work  project  shall  not  be
subject  to  the  provisions  of  this  act  where  compliance  with the
provisions of this act would violate the  terms  or  conditions  of  any
applicable federal law or regulation.
  S  4.  Notwithstanding any provisions to the contrary in this act, any
Lower Manhattan redevelopment project, as defined in section 3 of  chap-
ter  259  of the laws of 2004, known as the Coordinated Construction Act
for Lower Manhattan, as amended, shall be governed  by  such  act  while
such act remains in effect.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid such judgment shall not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered. It is here-
by declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
  S 6. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2024.

Co-Sponsors

S7849A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10021B
Law Section:
New York City

S7849A (ACTIVE) - Bill Texts

view summary

Relates to joint bidding on contracts for public work projects in cities of one million or more and may include contracts for a New York city utility interference work project.

view sponsor memo
BILL NUMBER:S7849A

TITLE OF BILL: An act relating to joint bidding on contracts for
public work projects and providing for the repeal of such provisions
upon expiration thereof

PURPOSE: This bill would authorize the City of New York (NYC) to
include utility interference work in certain contracts for public work
projects.

SUMMARY OF PROVISIONS: This bill would: define "Utility interference
work" (UIW) as any work that is deemed necessary or desirable for the
completion of a public work project that requires the maintenance,
support, protection or other accommodation of energy,
telecommunications 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;

define "New York city utility interference work project" (NYCUIWP) to
mean any public work project within the city of New York for which the
city awards a contract which includes utility interference work in
such contract;

authorize NYC to include UIW in any contract for a public work
project;

require, if the UIW is included in the public contract, the contract
to be awarded to the lowest responsible bidder;

require, when NYC awards a contract for a NYCUIWP, contractors and
subcontractors to have a record of maintaining harmonious labor
relations, a commitment to working with minority- and women-owned
businesses and a record of protecting the health and safety of workers
on construction projects demonstrated by their experience modification
rates from the last three years;

require, when NYC awards a contract for a NYCUIWP that exceeds $1
million, contractors and subcontractors to have apprenticeship
agreements that have been registered with and approved by the
commissioner of the department of labor, and that have been in
successful operation for a period of not less than three years;

require contracts awarded pursuant to this act to be subject to Local
Law 1 of the City of New York for the year 2013 (participation of
MWBEs in State contracts);

require, any Lower Manhattan Redevelopment Project, as defined in
section 3 of the Chapter 259 of the Laws of 2004, as amended, to be
governed by such act while such act remains in effect; and, require,
with respect to any project subject to this act involving natural gas,
all employees performing such work to be certified as qualified by the
federal Department of Transportation gas operator qualification
certification for the region.


JUSTIFICATION: Currently, when the City of New York undertakes a
public works project, utility interference work is often needed to
complete the project. This legislation would allow public work
projects within NYC to include utility interference work in the public
work project contract to administer a timely, efficient and cost
effective public work project.

LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately and shall
expire on December 31, 2024.

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

                                 7849--A

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sens.  LANZA, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  relating to joint bidding on contracts for public work projects
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section  1.  This  act shall only apply to a city with a population of
one million or more.
  S 2. a.   "Utility interference work" shall  mean  any  work  that  is
deemed  necessary  or  desirable  for  the  completion  of a public work
project that requires the  maintenance,  support,  protection  or  other
accommodation  of energy, telecommunications 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  struc-
tures.
  b.  "New  York  city utility interference work project" shall mean any
public work project within the city of  New  York  for  which  the  city
awards  a  contract  which  includes  utility  interference work in such
contract.
  S 3. a. Notwithstanding any general, special or local law or  rule  or
regulation  to  the  contrary,  the city of New York may include utility
interference work in any contract for a public  work  project,  provided
however that chapter 357 of the laws of 1988, known as the "gas facility
cost  allocation act", shall continue to apply as set forth therein.  If
the city of New York undertakes a New  York  city  utility  interference
work  project, the city shall award the contract to the lowest responsi-
ble bidder.  In the event that the  utility  interference  work  is  not
included  in  the  city's  contract,  nothing  in this subdivision shall
prevent the city from including provisions in  its  contracts  requiring

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15543-05-4

S. 7849--A                          2

contractors to engage in alternate methods of dispute resolution regard-
ing utility interference work. Further, nothing in this section is to be
deemed  to  alter,  modify,  amend, or revoke any of the rules presently
existing  that govern the responsibility between the metropolitan trans-
portation authority and the public utilities for the payment of  any  of
the  costs  required  for the maintenance, support, protection, or other
accommodation of any energy, telecommunication, or other private facili-
ties or structures.
  b. Notwithstanding any general, special or local law or rule or  regu-
lation  to  the contrary, when the city awards a contract for a New York
city utility interference work project the city shall  require  contrac-
tors  and subcontractors to have, prior to entering into such contracts,
a record of maintaining harmonious  labor  relations,  a  commitment  to
working with minority- and women-owned businesses through joint ventures
or  subcontractor  relationships,  and a record of protecting the health
and safety of workers on construction  projects  and  job  sites  demon-
strated  by  their  experience  modification  rates for each of the last
three years. In addition, when the city awards a contract for a New York
city utility interference work project that exceeds one million dollars,
the city shall require contractors and subcontractors to have, prior  to
entering  into such contracts, apprenticeship agreements appropriate for
the type and scope of work to be performed, that  have  been  registered
with  and  approved  by the commissioner of the department of labor, and
that have been in successful operation for a period  of  not  less  than
three years.
  c. Contracts awarded pursuant to this act are contracts subject to the
requirements  of local law number 1 of the city of New York for the year
2013.
  d. A New York city utility interference  work  project  shall  not  be
subject  to  the  provisions  of  this  act  where  compliance  with the
provisions of this act would violate the  terms  or  conditions  of  any
applicable federal law or regulation.
  S  4.  Notwithstanding any provisions to the contrary in this act, any
Lower Manhattan redevelopment project, as defined in section 3 of  chap-
ter  259  of the laws of 2004, known as the Coordinated Construction Act
for Lower Manhattan, as amended, shall be governed  by  such  act  while
such act remains in effect.
  S 5. With respect to any project subject to this act involving natural
gas,  all  employees performing such work must be certified as qualified
by the federal department of transportation gas  operator  qualification
certification for the region.
  S 6. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid such judgment shall not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered. It is here-
by declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
  S 7. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2024.

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