Section 24-347
§ 24-347 Commissioner of environmental protection to submit forms of
contracts and specifications for approval of corporation counsel. 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.
Section 24-348
§ 24-348 Advertisement for sealed bids or proposals for work or
materials; publication. 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 advertisment 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.
Section 24-349
§ 24-349 Receipt of sealed bids; deposit required. 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.
Section 24-350
§ 24-350 Public opening of bids, acceptance; rejection;
readvertisement. 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.
Section 24-351
§ 24-351 Return or forfeiture of deposits. 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.
Section 24-352
§ 24-352 Execution and filing of contracts; supervision and inspection
of work and materials; employer's bond. 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.
Section 24-353
§ 24-353 Obligations for capital projects; proceeds for operating
expenses. 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.
Section 24-354
§ 24-354 Work and materials to be procured by contract; exceptions;
certificate of public interest. 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.
Section 24-355
§ 24-355 Police protection to inhabitants of construction areas;
appointment and dismissal of police; powers and duties. 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.
Section 24-356
§ 24-356 Construction and repair of highways and bridges; rules and
regulations to prevent improper use. a. The city is hereby required to
build and construct such highways and bridges as may be made necessary
by the construction of any reservoir under this subchapter, and to
repair and forever maintain such additional highways and bridges and to
remove the snow and to sand the highway surfaces whenever necessary,
except such as shall be part of any state route; and in case any bridge
or highway thus constructed shall cross any railroad, it shall do so
above or below such railroad and not upon the same level. The plans and
specifications for any highways required to be constructed under the
provisions of this section shall be approved by the state department of
transportation.
b. The commissioner of environmental protection shall make such
reasonable rules and regulations, not in conflict with the highway law,
as may be necessary to prevent improper and destructive use of highways
and bridges constructed under the provisions of the water supply laws of
the city of New York. Provided, however, that the commissioner of
environmental protection shall have no greater authority in respect
thereto than is now, or may hereafter be, vested by the highway law of
the state of New York in the town, county or state authorities in
relation to the construction and regulation of town, county and state
highways. Any individual or corporation failing to observe such rules
and regulations shall be guilty of a misdemeanor and, in addition, shall
be liable for actual damages to such highways and bridges, to be
recovered by the city.
c. The state commissioner of transportation, in his or her discretion,
shall have the power to perform, at the request of the commissioner of
environmental protection and at the expense of the city, any work of
original construction of substituting routes required to be performed by
the city pursuant to this section. Whenever the state commissioner of
transportation shall grant such a request of the commissioner of
environmental protection, he or she shall prepare and submit to such
commissioner of environmental protection for his or her approval an
estimate of the cost of performing such work. Such estimate of cost
shall be an estimate of the cost of performing such work of construction
pursuant to plans, designs and specifications prepared by the
commissioner of environmental protection and approved by the state
commissioner of transportation, and shall include all costs in
connection with performing such work, including the costs of
engineering, auditing and administration. Upon approval of such estimate
by the commissioner of environmental protection, the city shall
thereupon deposit with the state comptroller, who is authorized to
receive and accept the same, for the purpose of this subdivision, a sum
of money equal to such estimate, which shall be subject to the draft or
requisition of the state commissioner of transportation and a copy of
the resolution of such commissioner of environmental protection
authorizing such deposit shall be filed with the state commissioner of
transportation and with the state comptroller. If, at any time prior to
the award of a contract for the performance of such work or prior to the
state commissioner of transportation becoming obligated to award such a
contract, it appears to such commissioner of environmental protection
that the state commissioner of transportation, for any reason, will be
unable to award a contract for the performance of such work or that it
is undesirable that such a contract be awarded, any sum or sums so
deposited by the city, less the amount of cost which the state
commissioner of transportation has already incurred, if any, shall be
refunded to the city by the state comptroller upon demand of such
commissioner of environmental protection made to the state comptroller
and to the state commissioner of transportation. The performance of any
such work of construction shall be by contract, to be let, so far as
practicable, in the manner provided by section thirty-eight of the
highway law, which section shall, so far as practicable, apply to
contracts hereunder and payments thereon. Such contract shall be subject
to and in conformity with such plans, designs and specifications of the
commissioner of environmental protection. No contract shall be executed
for any such work until satisfactory proof has been furnished to the
state commissioner of transportation that the city has made available
any real property required and any easements deemed necessary. When work
performed by the state commissioner of transportation hereunder has been
completed and the cost thereof paid, the state commissioner of
transportation shall render to the commissioner of environmental
protection an itemized statement showing in full (a) the amount of money
which has been deposited by the city with the state comptroller in
connection with such work, and (b) all disbursements made by the state
commissioner of transportation in connection with the performance of
such work. Any surplus money shall be paid to the city upon the warrant
of the state comptroller upon vouchers therefor approved by the state
commissioner of transportation.
Section 24-357
§ 24-357 Report to comptroller of expenses and liabilities. The
commissioner of environmental protection shall in every calendar month
file in the office of the comptroller an account of any expenses made by
the commissioner, or under the commissioner's authority, and of all
liabilities incurred by the commissioner during the preceding month and
an abstract of each such account shall be published in the City Record.
Section 24-358
§ 24-358 Removal of buildings to prevent contamination of the water
supply. The city or its representatives shall not enter upon any lands
not taken in pursuance of subchapter three-A of chapter three of title
five for the purpose of preserving streams or watercourses from
pollution or contamination, or of moving or causing to be moved any
buildings, improvements or edifices on the ground that the same may
contaminate the water supply, without making a provision for just
compensation to the owner of such buildings or improvements for the
removal or destruction thereof.
Section 24-359
§ 24-359 Rights of fishing and ice cutting in lakes and reservoirs
preserved; regulation. Nothing herein contained shall authorize or
empower the city to prohibit the public from using such lakes or
reservoirs that may be constructed under the provisions of this
subchapter, for the purpose of ice-cutting or fishing; and the city, or
its representatives, shall not hereafter prohibit the public from using
such lakes or reservoirs which are now under the care or supervision of
the city for the purposes of ice-cutting or fishing, subject, however,
to reasonable rules and regulations, and subject however, to the right
of the city to prohibit such use in the event of the declaration of an
emergency as provided in section 24-326 of this code.
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