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S06844 Summary:

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S06844 Floor Votes:

S06844 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6844--A
            Cal. No. 426
 
                    IN SENATE
 
                                    February 12, 2010
                                       ___________
 
        Introduced by Sens. HUNTLEY, SQUADRON -- read twice and ordered printed,
          and  when printed to be committed to the Committee on Local Government
          -- reported favorably from said committee and committed to the Commit-
          tee on Cities -- reported favorably from said  committee,  ordered  to
          first  and  second  report,  ordered  to  a third reading, amended and

          ordered reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the general municipal law, in relation to contracts  for
          public work projects and accommodation of private facilities or struc-
          tures, in connection with the water tunnel capital program of the city
          of  New York within a specified area of New York county; and providing
          for the repeal of such provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  103  of  the general municipal law is amended by
     2  adding a new subdivision 13 to read as follows:
     3    13. Notwithstanding any provision of law to the contrary,  to  facili-
     4  tate the timely and cost effective completion of utility work within the

     5  area  of  New York county south of a line beginning at a point where the
     6  United States pierhead line in the Hudson river as it exists now or  may
     7  be  extended would intersect with the northerly line of West 72nd street
     8  extended, thence easterly along the northerly side of West  72nd  street
     9  to  Central  Park,  thence  easterly  through  Central Park along a line
    10  extending from the northerly side of West 72nd street to  the  northerly
    11  side  of  East  72nd street, thence easterly along the northerly side of
    12  East 72nd street to the point where it would intersect with  the  United
    13  States  pierhead  line  in  the  East  river  as it exists now or may be
    14  extended, including tax lots within or immediately adjacent thereto, all

    15  contracts for a public work project that relate to or are in furtherance
    16  of the water tunnel capital program of such city within  such  area  may
    17  include work that the contracting agency of such city deems necessary or
    18  desirable  for  the completion of such project that requires the mainte-
    19  nance, support, protection or other accommodation of energy,  telecommu-
    20  nications  or  other private facilities or structures not publicly owned
    21  which are located within, traversing or  adjacent  to  the  construction
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15930-02-0

        S. 6844--A                          2
 
     1  area of such project, whether above, below or at ground level, including
     2  the  removal,  relocation,  alteration,  replacement,  reconstruction or
     3  improvement of such facilities or structures,  provided  that:  (i)  the
     4  costs  of  work  performed  pursuant  to this subdivision, including any
     5  incremental or administrative costs attributable to such work, shall not
     6  be borne by such agency except as otherwise provided  by  chapter  three
     7  hundred  fifty-seven  of  the laws of nineteen hundred eighty-eight; and
     8  (ii) any lower Manhattan redevelopment project, as  defined  in  section
     9  three  of  chapter  two  hundred  fifty-nine of the laws of two thousand
    10  four, known as the coordinated construction act for lower Manhattan,  as

    11  amended, shall be governed by such act while such act remains in effect.
    12  If  such agency includes such work in a contract pursuant to this subdi-
    13  vision, such agency shall award the contract to the  lowest  responsible
    14  bidder  based  upon the combined cost of the public work and the utility
    15  work and such agency shall be reimbursed by the entity  responsible  for
    16  the  utility work for any incremental or administrative cost increase in
    17  an amount equal to the difference between the cost of the agency work of
    18  the overall low bidder and the cost of the agency  work  of  the  lowest
    19  bidder  for  the  agency  work alone. However, if the cost of the agency
    20  work of the lowest bidder for the agency work alone is more than  twenty

    21  percent  below  the  average  of the next two lowest bids for the agency
    22  work, then the agency shall award the contract to the lowest responsible
    23  bidder for the agency work alone.  In the event that the utility work is
    24  included in such agency's contract pursuant to  this  subdivision,  such
    25  agency  shall  monitor  and,  to  the  extent  necessary, participate in
    26  dispute resolution between the contractor and the entity responsible for
    27  the utility work.  In the event that the utility work is not included in
    28  such agency's contract, nothing in this subdivision shall  prevent  such
    29  agency  from including provisions in its contracts requiring contractors
    30  to engage in alternate methods of dispute resolution  regarding  utility
    31  work.

    32    §  2.  This  act  shall  take  effect  immediately, and shall apply to
    33  contracts entered into or otherwise formally solicited on or after  such
    34  effective  date;  provided  that  this  act  shall  expire and be deemed
    35  repealed December 31, 2014; and provided further, that  this  act  shall
    36  also  apply to any contract to which this act would otherwise apply that
    37  has been advertised or otherwise formally  solicited  on  or  after  the
    38  effective date of this act and on or before December 31, 2014.