Int. No. 1654

By Council Members Lander, Levine, Vacca, Torres, Cohen, Rose, Constantinides, Rosenthal, Borelli and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a database to track citywide capital projects

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 5 of the administrative code of the city of New York is amended to add a new section 5-108 to read as follows:

§5-108. Reporting on capital projects. a. Definitions. As used in this section, the following terms have the following meanings:

Baseline completion date. The term “baseline completion date” means the current estimated substantial completion date at the start of the construction phase of the project or, where applicable, prior to the start of the design phase.

Baseline cost. The term “baseline cost” means the cost of a project as based on the original contract value and other project-related cost estimates.

Budget agency. The term “budget agency” means the agency from whose budget funds for the project’s costs have been appropriated.

Cost variance. The term “cost variance” means the difference between the baseline cost from the current forecast cost.

Design phase. The term “design phase” means the period of time between the approval of a scope of project for a capital project and the approval of the final design of a capital project pursuant to chapter 9 of the charter.

Construction phase. The term “construction phase” means the period of time between the commencement of the performance of work by the contractor as defined in the contract and when such work has reached substantial completion.

Construction procurement phase. The term “construction procurement phase” means the period of time when procurement activities are underway to prepare a construction bid and award a contract, ending on the date on which both the contract has been signed and the notice to proceed has been issued.

Managing agency. The term “managing agency” means the agency that is responsible for functions and operations related to the project.

Schedule variance. The term “schedule variance” means the difference between the baseline completion date and the current forecast completion date.

b. The city shall establish and maintain a public online searchable and interactive database on the city website that shall include information on all pending capital projects as set forth in this section. The data included in such database shall be available in a format that permits automated processing and shall be available without any registration requirement, license requirement or restrictions on their use, provided that the city may require a third party providing the public any data from such database, or any application utilizing such data, to explicitly identify the source and version of the data, and a description of any modifications made to such data. The data shall be searchable by project name, borough, managing agency, and budget agency. 

c. Such database shall include for each pending capital project:

(1) the name of the project and borough where such project will be located;

(2) the managing agency and the budget agency;

(3) the current project phase, which for construction projects shall be either the design phase, the construction procurement phase, or the construction phase;

(4) information about the project schedule, including but not limited to the baseline completion date and the current forecast completion date, and if applicable, the actual schedule variance, the schedule variance as a percentage of the planned duration of the project, and an explanation of the schedule variance;

(5) information about the project cost, including but not limited to the baseline cost, the current forecast cost, the current dollar amount spent to date and the percentage of the total current forecast cost spent to date, and if applicable, the actual cost variance, the cost variance as a percentage of the baseline cost, and an explanation of the cost variance;

(6) any other information that the city may deem appropriate.     

d. Such database shall also include data on the total number of pending citywide capital projects, disaggregated by the following:

(1) total number and percentage of projects ahead of and behind schedule based on the baseline completion date;

(2) total number and percentage of projects above cost and below cost based on the baseline cost;

(3) total number and percentage of projects currently in each project phase; and

(4) any other information that the city may deem appropriate.     

e. Such database shall be updated on a monthly basis.

f.  The city shall provide an interactive map on such city website indicating the location of all projects listed in such database.

                     §2. This local law takes effect 30 days after it becomes law.

ENB

LS #6069

3/22/17