Provides that any political subdivision may, before advertising for sealed bids on a public works contract, determine that such contract requires utility interference work and have such utility interference work bid on separately and performed pursuant to a separate contract; provides that such separate utility interference work shall apply only to public works projects in excess of twenty thousand dollars; defines the term "utility interference work."
STATE OF NEW YORK
________________________________________________________________________
5419
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. ERRIGO, FINCH -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to including
utility interference work within the competitive bidding process
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 100 of the general municipal law is amended by
2 adding a new subdivision 4 to read as follows:
3 4. "Utility interference work" means the work required to maintain the
4 physical equipment used to deliver electric, gas, water, sewer, fuel
5 oil, cable television and telephone services while a public work project
6 is ongoing. Such work required to maintain such physical equipment may
7 include, but is not necessarily limited to, removal, protection and
8 relocation.
9 § 2. Section 103 of the general municipal law is amended by adding a
10 new subdivision 1-b to read as follows:
11 1-b. Any political subdivision may, before advertising for sealed bid
12 pursuant to this section, determine that a contract for public work
13 involving an expenditure of more than twenty thousand dollars which
14 requires utility interference work shall be separated into two separate
15 bids. If the political subdivision makes the foregoing determination,
16 then one bid shall be for the public work and the second bid shall be
17 for the utility interference work. Before advertising for the two fore-
18 going bids, the political subdivision shall enter into a written agree-
19 ment with all of the owners and/or operators of the utility equipment
20 affected by the public work contract and such agreement shall, at a
21 minimum, require such owners/operators to reimburse the political subdi-
22 vision for the actual costs of the contract for utility interference
23 work. The political subdivision may impose a charge upon the utility
24 owners/operators for the cost of administering the utility interference
25 work contract, provided such charge shall not exceed five percent of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05845-01-9
A. 5419 2
1 bid amount for the utility interference work contract. Except as
2 expressly provided for in this subdivision, the provisions of this
3 section shall apply to the bids for utility interference work and the
4 public work.
5 § 3. This act shall take effect immediately.
