Bill S7849A-2013

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

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.

Details

Actions

  • Aug 11, 2014: SIGNED CHAP.322
  • Aug 1, 2014: DELIVERED TO GOVERNOR
  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: home rule request
  • Jun 19, 2014: ordered to third reading rules cal.571
  • Jun 19, 2014: substituted for a10021b
  • Jun 19, 2014: referred to ways and means
  • Jun 19, 2014: DELIVERED TO ASSEMBLY
  • Jun 19, 2014: PASSED SENATE
  • Jun 19, 2014: HOME RULE REQUEST
  • Jun 19, 2014: ORDERED TO THIRD READING CAL.1628
  • Jun 19, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 16, 2014: PRINT NUMBER 7849A
  • Jun 16, 2014: AMEND AND RECOMMIT TO CITIES
  • Jun 13, 2014: REFERRED TO CITIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 19, 2014
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Krueger, Parker, Perkins, Gianaris
Ayes W/R (1): Montgomery
Excused (2): Hassell-Thompson, Espaillat

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 dity 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 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 7849--A IN SENATE 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
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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