N.Y. Environmental Conservation Law § 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.