S07187 Summary:

BILL NOS07187B
 
SAME ASSAME AS A09944-A
 
SPONSORBONACIC
 
COSPNSRLARKIN
 
MLTSPNSR
 
 
Confers authority on the state comptroller to verify and pay the claim of A. Servidone, Inc./B. Anthony Construction Corp., J.V. against the state of New York with respect to construction of a project known as the reconstruction and bridge replacement on Route 17 at Exit 122 in the Town of Wallkill, Orange County, New York.
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S07187 Actions:

BILL NOS07187B
 
05/01/2012REFERRED TO FINANCE
05/11/2012AMEND (T) AND RECOMMIT TO FINANCE
05/11/2012PRINT NUMBER 7187A
06/07/2012AMEND AND RECOMMIT TO FINANCE
06/07/2012PRINT NUMBER 7187B
06/13/2012COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/13/2012ORDERED TO THIRD READING CAL.1246
06/13/2012PASSED SENATE
06/13/2012DELIVERED TO ASSEMBLY
06/13/2012referred to ways and means
06/14/2012substituted for a9944a
06/14/2012ordered to third reading rules cal.226
06/14/2012passed assembly
06/14/2012returned to senate
07/20/2012DELIVERED TO GOVERNOR
07/23/2012SIGNED CHAP.266
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S07187 Memo:

Memo not available
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S07187 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7187--B
 
                    IN SENATE
 
                                       May 1, 2012
                                       ___________
 
        Introduced  by  Sens. BONACIC, LARKIN -- read twice and ordered printed,
          and when printed to be  committed  to  the  Committee  on  Finance  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 

        AN ACT authorizing payment to A. Servidone, Inc./B. Anthony Construction
          Corp.,  J.V.    with respect to construction of a project known as the
          reconstruction and bridge replacement on Route 17 at Exit 122  in  the
          Town of Wallkill, Orange County, New York
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The legislature finds that A.  Servidone,  Inc./B.  Anthony
     2  Construction Corp., J.V. was engaged and authorized by the state, acting
     3  by  and  through  the New York State Department of Transportation, on or
     4  about October 6, 2011, to perform a construction project  known  as  the
     5  reconstruction  and  bridge  replacement  on Route 17 at Exit 122 in the
     6  Town of Wallkill, Orange County, New York (NYSDOT Contract No. D261655),

     7  and having commenced performance and making  substantial  progress,  the
     8  contractor  is  threatened  by financial loss, by reason of the Decision
     9  and Order issued by the Supreme Court dated March 1, 2012 in  which  the
    10  construction  contract  was found to be a nullity. A. Servidone, Inc./B.
    11  Anthony  Construction  Corp.,  J.V.  made  purchases  and  executed  sub
    12  contracts  and  purchase  orders  in  furtherance  of the project. It is
    13  further found that A. Servidone,  Inc./B.  Anthony  Construction  Corp.,
    14  J.V. undertook and executed the aforesaid work in good faith and without
    15  wrongful intent and that by virtue of the benefits received by the state
    16  and   the   consideration  rendered  by  A.  Servidone  Inc./B.  Anthony
    17  Construction Corp., J.V. through its performance of such work,  a  clear
    18  moral  obligation  has arisen on the part of the state to compensate and

    19  pay actual, reasonable, and verifiable costs for the loss  sustained  by
    20  A.    Servidone,  Inc./B. Anthony Construction Corp., J.V. on account of
    21  the work performed and the work that it  was  not  able  to  perform  by
    22  virtue  of  the Decision and Order, in the manner set forth in this act.
    23  In this connection, A. Servidone,  Inc./B.  Anthony  Construction  Corp,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15391-04-2

        S. 7187--B                          2
 
     1  J.V.   submitted   a   verified   statement  of  claim  in  the  sum  of
     2  $22,323,588.00.
     3    §  2.  Notwithstanding  any other provision of law, upon submission of

     4  claims certified by A. Servidone, Inc./B.  Anthony  Construction  Corp.,
     5  J.V.  and approved by the Department of Transportation, the Comptroller,
     6  after audit, is authorized to make  payment  to  A.  Servidone,  Inc./B.
     7  Anthony Corp., J.V. for any amounts payable under this bill with respect
     8  to  the  construction  project  known  as  the reconstruction and bridge
     9  replacement on Route 17 at Exit 122 in  the  Town  of  Wallkill,  Orange
    10  County, New York (NYSDOT Contract No. D261655).
    11    Notwithstanding  any  other  provision  of law, payment under this act
    12  shall be made from federal and/or state capital projects funds appropri-
    13  ations available to the New York State Department of Transportation  and
    14  shall  include  such  reasonable  and  verifiable amounts to pay for the
    15  actual and necessary costs incurred by  A.  Servidone,  Inc./B.  Anthony

    16  Construction Corp., J.V. and its subcontractors, suppliers and material-
    17  men  in performing construction work, including, but not limited to, the
    18  following:
    19    (1) The costs incurred in performing work,  including  work  that  was
    20  extra  or  additional to the scope of work, and the purchase of material
    21  and rental of equipment. This includes, but  is  not  limited  to,  work
    22  performed and requisitioned but not paid, work performed but not paid in
    23  full, work completed but not on a pay requisition and the initial office
    24  set  up  cost,  but only to the extent not previously paid by the state.
    25  Included in the definition of work is the preparation of shop  drawings,
    26  data sheets, plans and design. The value of any work already paid for by
    27  the state in a pay item but not fully performed shall be credited to the
    28  state.

    29    (2) The costs incurred in the premature cessation of work as follows:
    30    a. Demobilization of equipment and facilities.
    31    b.  Rental  payments  due under any rental agreement for field offices
    32  through the date that any such agreement may be terminated,  or,  if  it
    33  cannot be terminated, through the expiration date of such agreement.
    34    c.  Insurance  premiums to the date of cancellation that is authorized
    35  in writing by the state and any penalty therefor.
    36    d. Documented storage and yard expenses,  actual  warehousing,  moving
    37  and  freight  expenses  to  hold  and/or  ship materials scheduled to be
    38  delivered to the job site.
    39    e. Permanent materials (including steel H piles, drainage  structures,
    40  reinforced concrete pipe, corrugated plastic pipe, miscellaneous materi-
    41  als  for  drainage structure, epoxy coated reinforcing steel and various

    42  other materials) not paid for and incorporated in the work  or  returned
    43  and restocked.
    44    f.  Temporary  materials (including temporary concrete barrier and end
    45  sections, glare screen, prefabricated silt dike, architectural  pattern-
    46  ing of concrete surfaces, temporary seed and mulch tackifier).
    47    (3) Profit and overhead applicable to the costs defined in subdivision
    48  one in the following amounts:
    49    a.   For   work   done  directly  by  A.  Servidone,  Inc./B.  Anthony
    50  Construction Corp., J.V., profit and overhead in an  amount  of  sixteen
    51  percent  shall  be  added  to the cost of labor and materials; provided,
    52  however, that no overhead and profit will be paid on completed bid items
    53  referenced in NYSDOT Contract No. D261655.
    54    b. For work done by  a  subcontractor,  supplier  and/or  materialman,
    55  profit  and  overhead  in an amount of sixteen percent shall be added to

    56  the cost of labor and materials and to this amount there shall be  added

        S. 7187--B                          3
 
     1  five percent for the overhead and profit of A. Servidone, Inc./B. Antho-
     2  ny  Construction  Corp.,  J.V.;  provided, however, that no overhead and
     3  profit will be paid on completed bid items referenced in NYSDOT Contract
     4  No. D261655.
     5    Any  materials  paid for by the state and not incorporated in the work
     6  shall be delivered to the Department of Transportation.
     7    § 3. This act shall take effect immediately.
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