§ 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.