N.Y. Second Class Cities Law § 120: Board of contract and supply

§ 120. Board of contract and supply. There shall be a board of

contract and supply, composed of the mayor, comptroller, commissioner of

public works, corporation counsel and city engineer. Except as otherwise

provided by law, it shall be the duty of such board, after public notice

and in accordance with regulations to be prescribed by general ordinance

of the common council, to let to the lowest bidder, who will give

adequate security therefor, all contracts for the performance of any

work or for the supply of any material required by or for the use of any

officer, board, body or department of the city, in all cases where the

expense of such work or materials, or both, shall exceed the sum of five

hundred dollars, unless by ordinance of the common council adopted by a

vote of not less than four-fifths of all the members thereof and

unanimously approved by the board of estimate and apportionment, it is

determined that a public emergency exists in which case said ordinance

shall state the circumstances and conditions that created the public

emergency, which shall be limited to those arising out of an accident or

other unforeseen occurrence or condition affecting public buildings,

public property or the life, health, safety or property of the

inhabitants of such city require immediate action which cannot await

public bidding, and shall designate the officer, board or department to

procure such work or purchase such materials. In case of public

emergency involving accident or other injury by which the heating or

plumbing of any of the public buildings or any of the fire or

water-works apparatus or any of the machinery used in sewage-treatment

plants, or for garbage disposal, or any equipment used by the

water-works or department of public works shall become disabled, the

commissioner having jurisdiction thereof shall cause repairs thereto to

be made without a letting by contract, upon filing with the board of

contract and supply a certificate, approved by the mayor, showing such

emergency and the necessity for such repairs. The board shall have power

to reject all bids or proposals if in its opinion the lowest bid or

proposal is excessive. The said notice shall describe the work and

materials for which contracts will be let and the day and hour and place

of the meeting of the board at which proposals therefor will be opened.

Specifications for the performance of any work and for the supply of any

materials shall be prepared and set forth with sufficient details to

inform all persons proposing to bid therefor of the nature of the work

to be done and of the materials to be supplied, and written or printed

copies thereof shall be delivered to all applicants therefor. Every

contract for a public improvement shall be based upon an estimate of the

whole cost thereof, including all expenses incidental thereto and

connected therewith, to be furnished by the proper officer, board or

department having charge of such improvements. No bid or proposal shall

be received or contract awarded, other than for a local improvement or

work to be performed by the city, which involves the construction or

maintenance of any structure, erection, obstruction or excavation

within, under, over, along or upon any street or public place within the

city, unless the person to whom such contract shall be awarded shall

have a franchise permitting the same.