N.Y. PBB Law § 21

§ 21. Removal, relocation and payment of costs thereof of certain\nwater mains, sewer pipes and other facilities owned by municipalities or\npublic service corporations. 1. Whenever the commissioner of general\nservices deems it necessary as a result of the construction,\nreconstruction or maintenance of any state project, to provide for the\nremoval, relocation, replacement, reconstruction or repair of water\nmains, sewer pipes and other facilities maintained for public use and\nowned by any municipality or public service corporation, he shall have\nthe power to contract with such municipality or public service\ncorporation for such removal, relocation, replacement, or\nreconstruction. The expense of such removal, relocation, replacement,\nreconstruction or repair shall be a proper charge against funds\navailable for the construction, reconstruction or maintenance of such\nstate project, and the work necessary therefor may be performed by\ncontract, or by the use of office of general services forces and\nequipment and of materials purchased therefor. However, if the\ncommissioner of general services deems it to be in the public interest,\nhe may contract with the municipality or public service corporation,\nupon such terms as he may deem advantageous to the state; to have such\nwork performed (a) by the employment of the forces and for the use of\nthe equipment of such municipality and by the use of any material on\nhand or necessary to be purchased by such municipality or public service\ncorporation or (b) by such other method as such commissioner of general\nservices shall approve or (c) by a combination of the methods provided\nin this section. Any municipality is hereby authorized to enter into\nsuch contract for the purposes of this section. Upon the completion and\nacceptance of the work, such water mains, sewer pipes and other\nfacilities shall be maintained by the municipality or such public\nservice corporation as the case may be.\n 2. In all cases in which the contracts to be let are for the purpose\nof removal, relocation, replacement, reconstruction or repair of water\nmains, sewer pipes and any other facilities owned by any municipality or\npublic service corporation, such municipality or public service\ncorporation shall not be required to make the preliminary deposit or to\ngive the certified check upon submitting its proposal, nor to give any\nbond for the performance of the work, nor shall any advertising for\nproposals be necessary where such municipality or public service\ncorporation is to perform the work.\n