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Subchapter 2: Water Supply Sources Outside the City of New York
Upon the filing of the oath of the commissioners of appraisal in the manner hereinbefore provided, the commissioner of environmental protection shall, from time to time, as the commissioner may determine, prepare and submit to the corporation counsel, forms of contracts and specifications for the doing of the work and the furnishing of the material required to be done and furnished by such approved plan, or for the doing of such parts of such work and the furnishing of such parts of the materials as the commissioner may from time to time determine. The forms of contracts, specifications and bonds for the faithful performance shall be subject to approval as to form by the corporation counsel, which approval shall be endorsed thereon or attached thereto. The commissioner is hereby given the exclusive authority to determine what provisions shall be embodied in such contracts.
When the form of any contract with its specifications and the form of bond for the performance thereof shall have been approved as provided for in section 24-347, the commissioner shall advertise for sealed bids or for proposals for the doing of the work or the furnishing of the materials called for in such approved form of contract. Such advertisement shall be published in the City Record and in two daily newspapers published in the city, to be designated by the commissioner, for at least fifteen days consecutively before the time fixed for the closing of the bid box.
All bids or proposals which may be sent in answer to the invitation of such advertisement shall be enclosed in a sealed envelope and delivered to the commissioner or to such person as may be designated by the commissioner to receive the same, who shall, upon receipt thereof, forthwith and in the presence of the person offering such bid, deposit it in a box provided for the receipt thereof. But no bid or proposal shall be so received or deposited unless at the time of such presentation there shall be deposited with the person as aforesaid designated a certified check upon a national or state bank, drawn to the order of the comptroller, to an amount not less than five percent of the amount of the bond or security required by such approved form for the faithful performance of the work or furnishing of the materials required to be done or furnished. Such amount need not, however, in any case, exceed one hundred thousand dollars.
After the expiration of the time limited in the advertisement, such bids or proposals shall be publicly opened by the commissioner and he or she may select the bid or proposal, the acceptance of which will, in the commissioner's judgment, best secure the efficient performance of the work, or the commissioner may reject any or all of such bids. In case of the rejection of all bids, the commissioner shall readvertise such contract, and shall receive and dispose of the bids tendered under such advertisement in the manner hereinbefore provided. In case any work shall be abandoned by any contractor, or the contractor's contract terminated pursuant to the provisions thereof, it shall be readvertised and relet in the manner provided for in this subchapter for the original letting of such work, except that in such a case, the board of estimate by a two-thirds vote may order otherwise, and may authorize, upon the recommendation of the commissioner, the completion of the work in such manner and by such means as the commissioner deems appropriate.
Within three days after the decision as to who shall receive the contract, the comptroller shall return all the deposits made to the persons making the same, except the deposit made by the bidder to whom the contract shall be awarded; and if the bidder to whom the contract is awarded shall refuse or neglect, within ten days after due notice that the contract has been awarded, to execute the same, and furnish the security required, the amount of deposit made by the bidder shall be forfeited to and be retained by the city as liquidated damages for such neglect or refusal and shall be paid into the general fund, but if such bidder shall execute the contract, and furnish the security within such time, the amount of the bidder's deposit shall be returned to the bidder.
The contracts, when so awarded, shall be executed in triplicate by the contractor or contractors on the one part and the commissioner acting for the city, on the other part. One of such originals shall be delivered to the contractor, and the other two shall be filed, one in the finance department and the other with the commissioner. The work and materials called for by such contract shall be done and furnished under the direction and supervision, and subject to the inspection of the commissioner, the commissioner's engineers, supervisors and inspectors. No contract shall take effect until the commissioner shall certify thereon in writing that the commissioner's acceptance will, in the commissioner's judgment, best secure the public interest and the efficient performance of the work therein mentioned.
Expenditures made or incurred by the commissioner of environmental protection shall not be considered operating expenses but shall be deemed to be part of the acquisition, construction or addition to a water supply or distribution system and may be financed in the same manner as the acquisition, construction or addition to a water supply or distribution system.
a. All work hereby authorized to be done and all materials hereby authorized to be furnished involving an expenditure of over one thousand dollars, shall be procured by contract made in the manner required by and pursuant to the provisions of this subchapter. The commissioner of environmental protection, however, may without contract cause such surveys to be made and such maps, plans and estimates to be prepared, as shall, in his or her opinion, be necessary to carry out the provisions of this subchapter, and may appoint and fix the compensation of suitable engineers and other persons to supervise and inspect all work hereby authorized to be done. The commissioner of environmental protection may procure any work to be done without contract, not involving an expenditure of over five thousand dollars, if the commissioner certifies that in his or her opinion, it is for the public interest that such work be done; and in such certificate the commissioner shall state his or her reasons therefor.
b. Notwithstanding any inconsistent provisions of this subchapter or of any general or special law, the commissioner of environmental protection, during the existence of a state of war between the United States of America and the governments of Germany, Japan and Italy, or any of them, and for six months immediately following the termination thereof, may procure or contract for, without public letting, any equipment or materials necessary for the completion of the Delaware aqueduct and appurtenant structures and for any work to be done in connection with the installation of such equipment or materials if the commissioner certifies that in his or her opinion, it is in the public interest that any such equipment or material be procured or contracted for or any such work be done, without public letting, and any such certificate of the commissioner shall state his or her reasons therefor. Any such certificate shall be filed in the office of the comptroller of the city of New York.
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