NY Env Conserv L § 15-2307 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 23 - River Improvement 15-2307 - Construction Contracts.

§ 15-2307. Construction contracts.1.  In general all construction work shall be done by contract, but in   the event that the estimated cost  of  such  work,  or  of  a  specified   portion  thereof,  shall not exceed the sum of ten thousand dollars, the   department  may,  on  the  recommendation   of   the   Commissioner   of   Transportation,  authorize the Commissioner of Transportation to do such   work or part of such work by  day's  work  under  his  direction.    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  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 anonuncement  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 23 of this article. The department  is   authorized  to  furnish copies of such contract plans and specifications   to prospective bidders at a price which it shall find to  be  reasonable   and  to  pay  the  funds so received into the river improvement district   fund. 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 deposit shall be forfeited to the   department and paid by it into  the  river  improvement  district  fund;   otherwise  such  deposits  shall  be  returned.   The proposals received   pursuant to the advertisement shall be publicly opened and read  at  the   time  and  place  designated. The department may reject any and all bids   and re-advertise and award the contract in the  manner  herein  provided   whenever  in its judgment the interests of the district will be enhanced   thereby.3.  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,  firm  or   corporation  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. 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 re-advertised  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.4.  Partial  payment for work actually done may be provided for in the   contract 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 river improvement district   fund as hereinbefore provided.