New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.43 - Executive order no. 43: continuing the lower manhattan construction command center

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the Lower Manhattan Construction Command Center
					 ("the Command Center") was jointly created by New York State Executive Order
					 No. 133 of 2004 and New York City Executive Order No. 53; and
WHEREAS, the Command Center was created to coordinate
					 construction in Lower Manhattan and ensure that projects move forward
					 expeditiously and with the utmost integrity, while minimizing the impact of
					 such construction on residents, businesses, workers, commuters, pedestrians,
					 and vehicles; and
WHEREAS, all parties involved in the rebuilding recognize
					 the continuing need for an entity to coordinate construction projects in Lower
					 Manhattan; and
WHEREAS, all agencies involved in the rebuilding must
					 maintain the ability to manage their own projects and an entity coordinating
					 the projects improves their ability to successfully manage their own
					 projects;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby order as follows:
1. Continuation of the Lower Manhattan
				  Construction Command Center. The Lower Manhattan Construction Command Center,
				  established by Executive Order No. 133, shall continue. The Command Center
				  shall coordinate all construction located in Lower Manhattan. Lower Manhattan
				  is defined as the area on the island of Manhattan south of Canal Street and
				  southwest of Rutgers Street from the Hudson River to the East River.
				  Construction includes all construction work requiring governmental action or
				  permit, and any construction requiring work directly in City or State streets
				  or highways.
2. Lower Manhattan
				  Construction Command Center Executive Director. The Command Center shall be
				  managed by the Lower Manhattan Construction Command Center Executive Director
				  ("the Executive Director"). Such Executive Director shall be appointed in a
				  manner to be determined jointly by, and shall report directly to, the Governor
				  and the Mayor of the City of New York. The Executive Director, and one or more
				  deputies, shall be charged with the day-to-day responsibility for coordinating
				  construction work in Lower Manhattan with a focus on mitigating impacts on
				  mobility, maintaining and improving access, and alleviating congestion of any
				  kind related to construction.
3.
				  City Operations. A Director of City Operations, appointed by the Mayor, after
				  consultation with the Command Center Executive Director, shall ensure the
				  quality of life of residents and businesses of Lower Manhattan, coordinate City
				  services as they interface with the construction projects and ensure that
				  logistics and traffic management plans are appropriately enforced. The Director
				  of City Operations shall serve as the liaison between the Executive Director of
				  the Command Center and all City agencies.
4. Participation by Public and Private
				  Partners. The Command Center shall coordinate with high level construction
				  personnel from the key participants in the rebuilding process including the New
				  York City Department of Transportation, the New York City Department of Design
				  and Construction, the New York City Department of Buildings, the New York City
				  Economic Development Corporation, the New York City Department of Environmental
				  Protection, the New York City Department of Sanitation, the New York City
				  Police Department ("NYPD"), the New York City Fire Department, the New York
				  City Office of Emergency Management, the Port Authority of New York and New
				  Jersey, the Metropolitan Transportation Authority, the New York State
				  Department of Transportation, the Lower Manhattan Development Corporation,
				  Silverstein Properties, Verizon, Con Edison, the Alliance for Downtown New
				  York, the Battery Park City Authority, the Real Estate Board of New York, other
				  public and private partners, and representatives of such other entities as the
				  Executive Director shall determine appropriate in carrying out the duties and
				  responsibilities of the Command Center.
5. Lower Manhattan Construction Executive
				  Committee. The Lower Manhattan Construction Executive Committee, which includes
				  senior managers designated by the heads of the New York City Department of
				  Transportation, the New York City Economic Development Corporation, the New
				  York City Department of Environmental Protection, the Port Authority of New
				  York and New Jersey, the Metropolitan Transportation Authority, the New York
				  State Department of Transportation, and the Lower Manhattan Development
				  Corporation (each in a number to be determined by the Command Center Executive
				  Director) shall advise and consult with the Command Center Executive Director
				  on the management of the Command Center. This group shall meet as determined by
				  the Command Center Executive Director (in any event no less than quarterly) and
				  shall be chaired by the Command Center Executive Director.
6. Traffic Coordination. The New York City
				  Department of Transportation Lower Manhattan Office, working in consultation
				  with the New York State Department of Transportation and the NYPD, shall be
				  responsible for all traffic coordination issues and shall provide all required
				  Lower Manhattan construction and lane closure permits in a manner consistent
				  with law. The Borough Commissioner of the New York City Department of
				  Transportation Lower Manhattan Office shall coordinate directly with the
				  Executive Director with regard to traffic management, street permitting, and
				  enforcement.
7. Functions of the
				  Command Center. The Command Center shall work collaboratively with public
				  agencies and the private sector to set strategy, facilitate decision-making,
				  provide technical assistance and resolve conflicts to ensure effective
				  coordination, project completion, and construction mitigation. The functions of
				  the Command Center shall include:
A.
				  Construction Coordination: To ensure effective construction coordination the
				  Command Center shall:
(1) Collaborate with
				  City, State, and Federal regulatory agencies and management, as well as with
				  private sector construction management owners and firms, to develop a
				  construction coordination plan that addresses: traffic and pedestrian flow,
				  utility work and outages, construction staging and access, material deliveries,
				  and construction mitigation for numerous construction projects;
(2) Work with implementing agencies and
				  construction managers to review and recommend sequencing of construction and
				  resolution of problems and conflicts to minimize costs and enable concurrent
				  progression on jobs;
(3) Facilitate
				  communication and decision-making between key agencies to address project
				  issues, permitting, and site logistics;
(4) Conduct high-level master scheduling,
				  including tracking major monthly milestones, with an emphasis on notice to
				  proceed dates, contractual completions and phasing plans, and adjustments to
				  project milestones and sequencing;
(5) Evaluate project schedules to determine
				  if there are impediments to progress and completion, anticipate and resolve
				  potential problems based on project schedules, and provide recommendations and
				  facilitate collaborative discussion on the most efficient construction
				  sequencing and resolution on technical issues; and
(6) Hold regular Lower Manhattan Construction
				  Progress meetings, facilitated by a top-level engineering and construction
				  management consultant and including relevant construction managers, owners,
				  agencies and utility companies to address progress of jobs and resolve
				  conflicts.