There shall be a board of estimate and contract
which shall consist of the mayor, chamberlain,[1] corporation counsel, commissioner of accounts, and commissioner
of public works,[2] except that when the number of subordinates or the salaries
thereof, in the department of any of the members of the said board
are to be fixed and determined the commissioner of public safety shall
temporarily take the place of the member whose number of subordinates,
or the salaries thereof, is under consideration, for the purpose of
fixing such salaries or number of subordinates, and for that purpose
alone. The members of the board shall meet upon the call of the mayor,
or as directed by the board. The mayor shall be the president of the
board and the commissioner of accounts shall act as clerk thereof.
The commissioner of accounts shall keep a journal of all the proceedings
of the board.
[1]
Editor's Note: The office of Chamberlain was
abolished by Ordinance No. 6, adopted January 1, 1920, and the powers
of that office were vested in the Director of Finance.
[2]
Editor's Note: The offices of the Commissioner
of Public Works and of the Commissioner of Public Safety were merged
into the office of General Manager by ordinance No. 76, adopted 1-11-1924.
[1]
Editor's Note: L.L. 1-1979, § 1, adopted 9-22-1977 repealed § 50 of c. 462, Laws of 1918, as amended by L.L. No. 1-1953 and L.L. 2-1967, which provided for the advertising of bids and the letting of contracts. Section 1 of L.L. 1-1979 further provided that the city be bound by the provisions of § 103 of General Municipal Law of the State of New York in regard to the same subject matter.
No contracts shall be let except after the receipt
of sealed bids or proposals therefor, and no bids or proposals shall
be received at any time other than at a regular meeting of said board,
and unless they conform to the rules of the board and the general
ordinances of the council. All bids or proposals must be endorsed
by the title of the work or materials to which they relate, the name
of the bidder and his residence. It shall be the duty of each member
of the board to be present at the time and place mentioned in the
public notice for the receipt and opening of bids or proposals, and
such meetings shall be open to the public. After all the bids or proposals
have been presented, but not until one-half hour after the time stated
in the public notice for holding the meeting, all bids or proposals
shall be opened by some member of the board or by its secretary, publicly
and in the presence of the bidders and other persons there present,
and an abstract of all of such bids or proposals, with the prices
and security offered, shall be transcribed in a book kept for that
purpose, without any change, correction or addition whatever. A majority
of the board need not be present when such bids or proposals are opened.
The board may reject all bids or proposals received at any meeting
and advertise again for new bids or proposals to be received at another
meeting as above prescribed. No person submitting, or on whose behalf
a bid or proposal is submitted, nor the principal or sureties on any
bond or security accompanying the same, shall have the right to withdraw
or cancel any such bid, proposal or bond until the board shall have
awarded the contract for which such bid or proposal is made, and such
contract shall have been duly executed.
Where any work or repairs needed to be done,
or materials or supplies to be furnished for any office, court, board
or department shall not exceed two hundred and fifty dollars in cost,
the board of estimate and contract may by general or special rule
authorize the commissioner of public works or the commissioner of
public safety[1] or the commissioner of accounts, or any of them, to give
written orders therefor and purchase the same. No materials or supplies
shall be purchased for, or delivered by or upon the order of the commissioner
to any officer, board, court, body or department of the city, except
upon the requisition in writing from the officer, body or, head of
the department for which the same are required. The commissioner shall
require a receipt in writing from each officer, board, body or head
of the department for all supplies delivered to him or it by the commissioner
or on his order, and he shall approve, in writing, all claims for
any such materials or supplies purchased by him, before the same shall
be presented for audit.
The council shall, by general ordinance, prescribe,
approve and adopt the materials to be used in paving, repaving, repairing,
surfacing or resurfacing the streets and public places of the city,
and fix the standard of excellence and test required for each such
material. The commissioner of public works[1] shall cause to be prepared standard specifications, in
accordance with such ordinance, for the performance of the work involved
in such improvements with each kind of material so prescribed, approved
and adopted therefor. Whenever the council shall determine to make
any such improvement, and the proceedings provided by law as preliminary
thereto shall advertise for proposals for the furnishing of the materials
and the performance of the work involved in such improvements, and
specifications shall be prepared and proposals shall be invited, pursuant
to the provisions of this chapter, for the construction of such improvement
with each kind of paving material so prescribed, approved and adopted
by the council. In case the expense of any such improvement is to
be assessed, upon the property abutting upon the street, or part thereof,
to be improved and more than one kind of material is prescribed, approved
or adopted therefor, the commissioner of accounts shall within one
week after proposals for such work have been received and opened,
cause to be published in the official paper once each week for two
successive weeks, a notice containing a summary statement of all such
proposals. A majority of said property owners, owning not less than
one-third of the feet front of property abutting on each street, exclusive
of city property, may present to the board of contract and supply
a petition or other writing designating the general kind of pavement
or material to be used in making said improvement. If no part of the
expense of such improvement is to be assessed upon the property abutting
upon said street, or if such expense is to be assessed, but the property
owner shall not have made a designation or shall have made more than
one designation, as herein provided, the council shall, not later
than at its next regular meeting after the expiration of ten days
from the service of such notice, designate the kind of pavement or
material to be used in making such improvement, and the contract for
such improvement shall be awarded for the kind of pavement or material
so designated by the property owners or council as aforesaid, and
to the lowest bidder for doing the work with the kind of pavement
or material so designated. In case, however, two-thirds of the owners
of property, owning at least three-fifths of the linear feet fronting
upon said street, or part thereof, shall designate a particular make,
style or brand of the kind of pavement or material to be used in making
such improvement, the contract therefor shall be awarded to the lowest
bidder for such make, style or brand of such kind of pavement or material,
although the same is not the lowest bid for such kind of pavement
or material so designated.
No person shall have power to make any purchase
or contract any debt for which the city shall be liable unless specifically
authorized by the provisions of this chapter or the Local Finance
Law. (L. 1943, c. 710)
All proposals or bids submitted as provided
in the foregoing sections shall be accompanied by a certified check
in the amount of five per centum of the amount of such bid or proposal.
