Bill Text: NY A10021 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-06-19 - substituted by s7849a [A10021 Detail]

Download: New_York-2013-A10021-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10021--A
                                 I N  A S S E M B L Y
                                     June 9, 2014
                                      ___________
       Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Silver,
         Brennan, Rodriguez) -- read once and  referred  to  the  Committee  on
         Cities  --  committee  discharged,  bill amended, ordered reprinted as
         amended and recommitted 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:
    1    Section 1. This act shall only apply to a city with  a  population  of
    2  one million or more.
    3    S  2.  a.    "Utility  interference  work" shall mean any work that is
    4  deemed necessary or desirable  for  the  completion  of  a  public  work
    5  project  that  requires  the  maintenance,  support, protection or other
    6  accommodation of energy, telecommunications or other private  facilities
    7  or structures not publicly owned which are located within, traversing or
    8  adjacent  to the construction area of such project, whether above, below
    9  or at ground  level,  including  the  removal,  relocation,  alteration,
   10  replacement,  reconstruction or improvement of such facilities or struc-
   11  tures.
   12    b. "New York city utility interference work project"  shall  mean  any
   13  public  work  project  within  the  city  of New York for which the city
   14  awards a contract which  includes  utility  interference  work  in  such
   15  contract.
   16    S  3.  a. Notwithstanding any general, special or local law or rule or
   17  regulation to the contrary, the city of New  York  may  include  utility
   18  interference  work  in  any contract for a public work project, provided
   19  however that chapter 357 of the laws of 1988, known as the "gas facility
   20  cost allocation act", shall continue to apply as set forth therein.   If
   21  the  city  of  New  York undertakes a New York city utility interference
   22  work project, the city shall award the contract to the lowest  responsi-
   23  ble  bidder.    In  the  event that the utility interference work is not
   24  included in the city's  contract,  nothing  in  this  subdivision  shall
   25  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.
                                                                  LBD15543-02-4
       A. 10021--A                         2
    1  contractors to engage in alternate methods of dispute resolution regard-
    2  ing utility interference work. Further, nothing in this section is to be
    3  deemed to alter, modify, amend, or revoke any  of  the  rules  presently
    4  existing  that govern the responsibility between the metropolitan trans-
    5  portation authority and the public utilities for the payment of  any  of
    6  the  costs  required  for the maintenance, support, protection, or other
    7  accommodation of any energy, telecommunication, or other private facili-
    8  ties or structures.
    9    b. Notwithstanding any general, special or local law or rule or  regu-
   10  lation  to  the contrary, when the city awards a contract for a New York
   11  city utility interference work project the city shall  require  contrac-
   12  tors  and subcontractors to have, prior to entering into such contracts,
   13  a record of maintaining harmonious  labor  relations,  a  commitment  to
   14  working with minority- and women-owned businesses through joint ventures
   15  or  subcontractor  relationships,  and a record of protecting the health
   16  and safety of workers on construction  projects  and  job  sites  demon-
   17  strated  by  their  experience  modification  rates for each of the last
   18  three years. In addition, when the city awards a contract for a New York
   19  city utility interference work project that exceeds one million dollars,
   20  the city shall require contractors and subcontractors to have, prior  to
   21  entering  into such contracts, apprenticeship agreements appropriate for
   22  the type and scope of work to be performed, that  have  been  registered
   23  with  and  approved  by the commissioner of the department of labor, and
   24  that have been in successful operation for a period  of  not  less  than
   25  three years.
   26    c. Contracts awarded pursuant to this act are contracts subject to the
   27  requirements  of local law number 1 of the city of New York for the year
   28  2013.
   29    d. A New York city utility interference  work  project  shall  not  be
   30  subject  to  the  provisions  of  this  act  where  compliance  with the
   31  provisions of this act would violate the  terms  or  conditions  of  any
   32  applicable federal law or regulation.
   33    S  4.  Notwithstanding any provisions to the contrary in this act, any
   34  Lower Manhattan redevelopment project, as defined in section 3 of  chap-
   35  ter  259  of the laws of 2004, known as the Coordinated Construction Act
   36  for Lower Manhattan, as amended, shall be governed  by  such  act  while
   37  such act remains in effect.
   38    S 5. Severability. If any clause, sentence, paragraph, section or part
   39  of  this act shall be adjudged by any court of competent jurisdiction to
   40  be invalid such judgment shall not  affect,  impair  or  invalidate  the
   41  remainder thereof, but shall be confined in its operation to the clause,
   42  sentence,  paragraph,  section  or part thereof directly involved in the
   43  controversy in which such judgment shall have been rendered. It is here-
   44  by declared to be the intent of the legislature that this act would have
   45  been enacted even if such invalid provisions had not been included here-
   46  in.
   47    S 6. This act shall take effect immediately and shall  expire  and  be
   48  deemed repealed December 31, 2024.