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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.
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