S T A T E O F N E W Y O R K
________________________________________________________________________
7849--A
I N S E N A T E
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15543-05-4
S. 7849--A 2
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.