N.Y. Environmental Conservation Law § 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.