2023 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.