2006 New York Code - Removal, Relocation And Payment Of Costs Thereof Of Certain Water Mains, Sewer Pipes And Other Facilities Owned By Municipalities Or Public Service Co



 
    § 21. Removal,  relocation  and  payment  of  costs thereof of certain
  water mains, sewer pipes and other facilities owned by municipalities or
  public service corporations.  1. Whenever the  commissioner  of  general
  services   deems   it   necessary  as  a  result  of  the  construction,
  reconstruction or maintenance of any state project, to provide  for  the
  removal,  relocation,  replacement,  reconstruction  or  repair of water
  mains, sewer pipes and other facilities maintained for  public  use  and
  owned  by  any municipality or public service corporation, he shall have
  the  power  to  contract  with  such  municipality  or  public   service
  corporation    for    such    removal,   relocation,   replacement,   or
  reconstruction.  The expense of such removal,  relocation,  replacement,
  reconstruction  or  repair  shall  be  a  proper  charge  against  funds
  available for the construction, reconstruction or  maintenance  of  such
  state  project,  and  the  work  necessary  therefor may be performed by
  contract, or by the  use  of  office  of  general  services  forces  and
  equipment  and  of  materials  purchased  therefor.    However,  if  the
  commissioner of general services deems it to be in the public  interest,
  he  may  contract  with  the municipality or public service corporation,
  upon such terms as he may deem advantageous to the state; to  have  such
  work  performed  (a)  by the employment of the forces and for the use of
  the equipment of such municipality and by the use  of  any  material  on
  hand or necessary to be purchased by such municipality or public service
  corporation  or (b) by such other method as such commissioner of general
  services shall approve or (c) by a combination of the  methods  provided
  in  this  section.   Any municipality is hereby authorized to enter into
  such contract for the purposes of this section.  Upon the completion and
  acceptance of  the  work,  such  water  mains,  sewer  pipes  and  other
  facilities  shall  be  maintained  by  the  municipality  or such public
  service corporation as the case may be.
    2.  In all cases in which the contracts to be let are for the  purpose
  of  removal,  relocation, replacement, reconstruction or repair of water
  mains, sewer pipes and any other facilities owned by any municipality or
  public  service  corporation,  such  municipality  or   public   service
  corporation  shall not be required to make the preliminary deposit or to
  give the certified check upon submitting its proposal, nor to  give  any
  bond  for  the  performance  of  the work, nor shall any advertising for
  proposals  be  necessary  where  such  municipality  or  public  service
  corporation is to perform the work.

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