NY Env Conserv L § 15-1935 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 19 - Drainage 15-1935 - Contracts.

§ 15-1935. Contracts.1.  The department may prepare contracts, plans and specifications for   doing such work and furnishing the necessary materials. The work may  be   divided  into  several  parts and a separate contract let for each. Each   contract shall contain a provision that no  extra  or  unspecified  work   shall  be  certified  for  payment  unless such work is done pursuant to   written order of the department. The form  of  such  contract  shall  be   approved  by  the  Attorney  General.  Contracts  shall  be  executed in   triplicate by the department on behalf of the district.2. Bids or proposals for any such contract work shall be called for by   publishing a notice thereof once a week for two successive  weeks  in  a   newspaper published in each county affected by the proposed works, which   the  department shall select, and in such other papers as the department   shall direct. The advertisements shall be limited to a brief description   of the work proposed to be let with an announcement  stating  where  the   maps,  plans  and  specifications  are  on  exhibition, of the terms and   conditions under which bids will be received, the time  and  place  when   the  same  will  be opened and such other matters as may be necessary to   carry out the provisions of title 19 of this article.3. The Department of Transportation is authorized to furnish copies of   such contract plans and specifications to prospective bidders at a price   which it shall find to be reasonable. Every bid or proposal must  be  in   writing  and be accompanied by a money deposit in the form of a draft or   certified check upon some national or state bank or trust company within   the state in good credit and payable at sight to the department for five   per cent of the total amount of the proposal. In case  the  proposer  to   whom  such  contract shall be awarded shall fail or refuse to enter into   such contract within the time fixed by the department,  such  a  deposit   shall  be  forfeited  to the department and paid by it into the drainage   improvement district fund; otherwise such deposits shall be returned.4. The proposals received  pursuant  to  the  advertisement  shall  be   publicly  opened  and  read  at  the  time  and  place  designated.  The   department may reject any or all bids  and  readvertise  and  award  the   contract  in  the  manner  herein  provided whenever in its judgment the   interests of the district will be benefited thereby.  No  contract,  the   total  of  which exceeds by more than ten per cent the gross cost of the   work as estimated by the department,  shall  be  awarded.  The  contract   shall  be entered into with the person who shall offer to do and perform   the same at the lowest price and who will give adequate security for the   faithful and complete performance of the contract.  Such security  shall   be  approved as to character and sufficiency by the department and as to   form by the Attorney General and shall be at least ten per cent  of  the   amount  of  the  estimated  cost  of  the work according to the contract   price.5. If in the judgment of the department, the work upon any contract is   not being performed according to the contract, or for the best interests   of the district, it shall have power to suspend or stop the  work  under   such  contract while it is in progress and it shall thereupon become the   duty of the department to complete the  same  in  such  manner  as  will   accord with the contract specifications and be for the best interests of   the  district,  or  the  contract  may be cancelled and readvertised and   relet in the same manner above prescribed and any excess in the cost  of   completing  the  contract  beyond  the  price  for  which  the  same was   originally awarded shall be chargeable to and  paid  by  the  contractor   failing to perform the work. Partial payments for work actually done may   be  provided  for  in  the contracts and paid in the manner hereinbefore   provided to an amount not to exceed ninety  per  cent  of  the  contract   price.  The  payments  due  on  account  of  any  such contracts, or for    necessary expense or work in connection therewith, shall  be  paid  from   the drainage improvement district fund as hereinafter provided.