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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.
a. It shall be the duty of the commissioner of environmental protection to provide proper police protection to the inhabitants of the localities in which any work may be constructed under the authority of this subchapter during the period of construction, against the acts or omissions of persons employed on such works or found in their neighborhood. To that end the commissioner is authorized and required to appoint a sufficient number of persons to adequately police such localities for such periods. The commissioner shall also have power to remove such persons and to fix or change their compensation in his or her discretion, which compensation shall be paid by the city upon a certificate of the commissioner, as part of the expense authorized to be incurred by this subchapter.
b. The commissioner of environmental protection shall give to each person so appointed a certificate of appointment and certified copies thereof, one of which shall be filed in the office of the sheriff of each county in which any work shall be in process of construction under this subchapter and in which such person shall be authorized to perform that person's duties. Each person so appointed shall be and have all the powers of a peace officer in the county where any work is being constructed under the authority of this subchapter. Such person shall at all times when on duty wear upon his or her clothing or have in his or her possession a shield or other suitable badge of authority which such person shall at once exhibit to any person asking therefor.
c. It shall be the special duty of the persons so appointed to prevent breaches of the peace and unlawful depredations and to arrest and bring before the proper magistrates persons employed on such works or found in the vicinity thereof, who are guilty of offenses against the law punishable by death, imprisonment or fines, or persons whom they may have reasonable cause to believe to be guilty of such offenses.
d. The sheriff of a county wherein a certificate of appointment of any such person as a peace officer is filed may cancel such certificate for cause, and shall immediately give notice in writing of such cancellation to the commissioner of environmental protection, specifying the cause of such revocation. Such notice may be given by mail. On such cancellation the authority of such person as a peace officer shall immediately cease.
e. Any expense necessarily incurred by a county, town or city in a criminal action or proceeding against any person employed on any works constructed or in process of construction under this subchapter, or in the suppression of riots among persons employed on such work, or in the prevention of the commission of crime by such person, after being duly audited, as required by law, shall constitute a claim in favor of such county, town or city against the city of New York and an action may be maintained on such audit as for money paid to the use of the city.
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